Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)---S. 1---Suit for compensation---Death of plaintiff's wife alleged to be caused due to negligence of Administration of Hospital and their two doctors during her treatment---Compromise between plaintiff and two doctors during trial---Decree against Administration of Hospital passed by Trial Court set aside by First Appellate Court---Validity---Plaintiff had sent legal notice and made complaints against Administration of Hospital and its two doctors---Main grievance of plaintiff was against said doctors, but he had also alleged Administration of Hospital to be responsible for negligence causing death of his wife---Administration of Hospital in various inquiry reports had been found responsible for such negligence for lacking enough staff to look after pre and post-operation care of deceased---Record showed that deceased after operation had been shifted to Ward instead of ICU and Hospital had not provided pre and post-operation care to deceased and had failed to maintain normal standards of a reasonable skilled and a well-equipped Hospital---Administration of Hospital and their doctors were equally responsible for such negligence, and Administration of Hospital could not be exonerated from what had happened in Hospital---Administration of Hospital could be exonerated from payment of decreed compensation only by plaintiff, but not court---High Court accepted second appeal, set aside impugned /decree and restored that passed by Trial Court. Punjab Road Transport Board v. Muhammad Sadiq and another 1987 CLC 933; Karachi Transport Corporation through Principal Officer/Secretary v. Mst. Qaisar Jehan and another 1995 CLC 196 and Pakistan Steel Mills Corporation Limited and another v. Malik Abdul Habib and another 1993 SCMR 848 ref. (b) Tort--- ----Negligence---Medical malpractice---Duties of Hospital and their doctors/staff owed to patients and breach thereof---Scope. The doctors examining a patient are primarily responsible to look-after the patients, but the administration of hospital also plays an important role in the care of a patient, as it is the hospital where the patients are given the treatment and the administrator of…

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