| Citation(s) |
|---|
| 2021 SLG 2510 2021 SLD 2510 2021 MLD 1402 |
Lahore High Court
Civil Revision No.218702 of 2018, decided on 4th February, 2021, Date of hearing: 14th January, 2021.
RASAAL HASAN SYED, JUSTICE
Ch. Israr Ahmad Bajwa for Petitioner. Asad Javed for
Respondents.
Civil Revision No.218702 of 2018, decided on 4th February, 2021, Date of hearing: 14th January, 2021.
RASAAL HASAN SYED, JUSTICE
Ch. Israr Ahmad Bajwa for Petitioner. Asad Javed for
Respondents.
SHAHZAD WAHEED
VS
AGHA KHAN UNIVERSITY AND 2 OTHErs
Law:
Section:
Suit for damages--- ----Professional negligence---Proof sought recovery of damages from defendant hospital for issuing medical test report alleged to be with false results and plaintiff had to travel abroad from where he got another report with different results--uit was decreed partially in favour of plaintiff but Lower Appellate Court dismissed the suit---Validity---No evidence was available to show any professional negligence of carelessness in preparation of test result---Doctors abroad did not declare disputed report as false and evidence on record reflected that defendant hospital acted with extreme professionalism and second report on return of plaintiff to Pakistan corroborated the report of foreign hospital, which reflected due professionalism and care in testing and preparing reports by defendant hospital---As to foreign visit Witness of plaintiff, as to foreign visit of plaintiff deposed that he had been visiting abroad sometime alone and at others with his family---No assumption could be inferred that plaintiff had any panic attack or went abroad especially because of disputed test report---Claim of plaintiff as to financial losses or mental agony was declined by Trial Court which was not challenged in appeal or cross-objections and the same had attained finality---Findings recorded by Lower Appellate Court to the effect that plaintiff was not entitled to any compensation and that suit of plaintiff was liable to be dismissed, did not suffer from any misreading or non-reading of record---Revision was dismissed, in circumstances. JUDGMENT RASAAL HASAN SYED, J.- in this Civil Revision has challenged the judgment and decree dated 28.2.2018 whereby the appeal of the respondent was allowed, decree of the learned Trial Court was set aside and, in result, suit of the petitioner was dismissed. 2. Facts from which the instant revision petition stems are that the petitioner instituted a suit for recovery of Rs.11,000,000/- as damages on account of expenses incurred and damages suffered due to laboratory report, which according to the petitioner was false and incorrect. It was claimed that as per doctors advice he gave his blood sample to carry out the test of…
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