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LAHORE: Every
charge of medical negligence and defense thereof has to be investigated
in detail. There cannot be “bright line” rules and each case has to be
judged on its own merits. This was stated by Barrister Aitzaz Ahsan
former President of Supreme Court Bar Association while speaking at a
symposium on Medical Negligence and Physician’s Liability organize by
Shaukat Khanum Memorial Cancer Hospital & Research Centre. Other
panelists of repute in the meeting included Mr. Salman Akram Raja,
Advocate Supreme Court of Pakistan and Professor Dr. Tariq Iqbal Bhutta,
former Principal, Nishtar Medical College, Multan. It was very well
attended by many eminent lawyers, doctors, representatives of consumer
protection societies, educationists, media representatives and others
participated. The issues of patient-physician relationship and its
current situation in Pakistan, physician’s responsibilities, standards
of care, patient’s responsibilities and determination of physician’s
liability were thoroughly discussed. The legal experts provided guidance
on legal aspects of these issues under Pakistani as well as Western law.
Prof. Faisal
Sultan, Professor Tariq Iqbal Bhutta, Advocate Salman Akram Raja and
Barrister Aitzaz Ahsan speaking at a symposium on Medical Negligence and
Physician’s Liability organized by Shaukat Khanum Memorial Cancer
Hospital & Research Centre in Lahore recently.
Barister Aitzaz Ahsan further stated that there was no possibility of
bringing criminal charges against a doctor accused of negligence, unless
deliberate malice aforethought could be proved. However, doctors can be
sued under civil law for medical malpractice. He further said that
since, in our society, physicians, lawyers and judges are only now
becoming aware of issues related to alleged medical negligence, it was
likely that we would see significant improvements in the field of
medical jurisprudence. Mr Ahsan also emphasized the need for the medical
profession to develop medical standards like those of the West and
suggested that medical malpractice insurance cover should be introduced
in Pakistan. He pointed out that it was detrimental for patients and for
society as a whole to have doctors who were unable to practice or to
think clearly through constant fear of litigation and criminal
proceedings being brought against them.
Mr. Salman Akram Raja said that bright line standards of care should be
defined. He stressed the need for a Health Ombudsman and for specialized
courts or tribunals to be established to deal with issues relating to
medical negligence. He pointed out that medical institutions were
responsible to ensure that all staff they employed were competent and
qualified to provide the required standard of care.
Professor Dr. Tariq Bhutta said that some of the private medical
colleges were producing poor quality doctors and that the quality of
healthcare provision in the future was likely to deteriorate further. He
agreed with earlier speakers on the need for greater regulation of the
healthcare sector, and bemoaned the poor inward investment of the
Government in the healthcare sector.
Dr. Faisal Sultan, Chief Executive Officer, SKMCH&RC, at the end,
thanked the guests and presented the souvenirs to Ch. Aitzaz Ahsan,
Salman Akram Raja
and Professor Tariq Bhutta. |
