Law: Sindh Healthcare Commission Act, (VII of 2014)

Section: 4,26,28,29

Sindh Healthcare Commission Act, 2013 (VII of 2014)--- ----Ss.4, 26, 28 29---Sindh Healthcare Commission Regulations, 2017, Regln. 42---Negligence in medical treatment---Registration of a criminal case against doctor---Allegations of maladministration and malpractice---Effect---Prosecution or other legal proceedings by the Healthcare Commission against doctors---Scope---Negligence of a doctor, determination of---Procedure---Criminal case was registered against the petitioners/doctors due to negligence in medical treatment---Contention of petitioners/doctors was that criminal prosecution for negligence in providing healthcare services against doctors was not maintainable---Validity---Healthcare Commissions powers to improve quality of healthcare service and ban quackery were supervisory in nature---Healthcare Commission could investigate the matter only on complaints or reference with regard to maladministration, malpractice or failure of a healthcare service provider or his employee---Aggrieved person could file complaint before Healthcare Commission and also avail other remedy available under any other law---No specific punishment for medical negligence had been provided anywhere in Sindh Healthcare Commission Act, 2013---Medical negligence could result into a permanent injury or a death of a person---Limiting aggrieved person or his family to only accept amount of fine would be against natural justice---Healthcare Commission could refer any case to the competent forum or law enforcement agencies for appropriate action under relevant laws---Mere lack of necessary care, attention and skill did not expose a doctor to criminal prosecution---Doctor could not be held responsible criminally for patients death unless his negligence or incompetence showed such disregard for life and safety of his patient as to amount to a crime---Negligent act of a doctor might create a civil liability against him short of a level or degree required to make it a criminal offence---Negligence in civil law might not necessarily be negligence in criminal law---Degree or level of negligence should be much higher for an act to amount a criminal negligence---Negligence which was neither…

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