Healthcare System and Medical Malpractice Law in Pakistan

Abstract

Medical profession is a noble profession and requires extraordinary care and caution. The complaints of negligence and medical malpractice is not uncommon, however. Law of Torts is invoked for civil remedy for medical malpractice cases in Pakistan. Medical practitioners can be tried under charges of criminal liability too but courts are very reluctant to treat doctors under Pakistan Penal Code and want to contest such cases under civil liability. Following Indian precedent, Pakistan has given the jurisdiction to Consumer Courts too to try such cases. However, it is detestable to include medical services within the scope of consumer laws. Moreover, there is disparity regarding compensation. Thus, it is argued that a separate law should be devised for medical malpractice keeping in view the need and current practices of legal and healthcare systems.