Law: Qanun-e-Shahadat (10 of 1984)

Section: 2(c)

(a) Medical Jurisprudence---.--- ---.---Term "Tachycardia condition "---.---Meaning---.---Such condition means that heart beat is faster than normal. (b) Medical Jurisprudence---.--- ---.---Term "Hypotension" means low blood pressure. (c) Medical Jurisprudence---.--- ---.---Post-mortem examination, absence of---.---Effect---.---Not possible to ascertain exact cause of death. (d) Qanun-e-Shahadat (10 of 1984)---.--- ---.---Art. 2(c)---.---Surmises and conjectures---.---Evidentiary value. One can only surmise and conjecture, but surmises and conjectures are no substitute for hard piercing evidence. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, JUSTICE:---.--- The applicant/complainant, according to his complaint, on 18-5-2005 met with accused/respondent/ Dr. Imtiaz Hussain posted at Ziauddin Hospital, Karachi, along with son of the complainant, master Tousif Ahmed. Accused/respondent advised complainant to get his son admitted in hospital for operation of spinal chord/back bone on 27-5-2005, child was admitted accordingly. M.R.I. tests were conducted twice and all the other relevant tests were conducted and the child was declared fit for operation in all respects. On 30-5-2005 one staff nurse asked complainant to sign some papers saying that they were required only as a formality. The child was wheeled in operation theatre at 9-00 a.m. and the complainant/father waited outside. Operation stated to have continued for six to seven hours and then child was shifted to I.C.U. in comatose condition. Complainant was informed that surgeon has left the hospital and other doctors told him that his child's condition was serious. Accused came back to hospital later in the day and informed complainant that all efforts to save life of his son had failed and the son had expired. Complainant alleged carelessness, negligence and inexperience on part of the surgeon during operation at the operation theatre. Body of the child was handed over to the complainant without any post-mortem. The complainant complained that many times he tried to contact the accused and hospital and his queries were parried on one pretext or the other. Ultimately complainant moved an application before…

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