Medical Malpractice

The two terms, “medical carelessness” and “medical malpractice,” are commonly used interchangeably. Medical malpractice is described as when a doctor, nurse, or other healthcare provider acts in a way that deviates from accepted medical practice and causes harm to a patient. Anyone who works in the medical or related fields is considered a healthcare professional.

When does a doctor’s carelessness become medical malpractice?

Medical negligence encompasses the following types of errors:

  • Surgical errors caused by the use of inappropriate methods
  • Not adhering to accepted surgical procedures
  • vaccination errors
  • Taking outdated medication
  • Making an incorrect diagnosis and prescribing inappropriate care
  • Human resource issues
  • Surgical tools are left inside the body after an operation, like when an amputation is done on the wrong limb while the patient is in the belly.
  • wrong way of giving anaesthesia or not taking precautions like wearing gloves or a face mask.
  • Another major method hospitals and physicians use to mislead their patients is by either concealing or failing to disclose the hazards associated with an operation.

Where should grievances be filed?

If you or a member of your family have been the victim of medical negligence in Pakistan, no matter how minor or serious, you have the legal right to file a formal complaint with the Disciplinary Committee of the Pakistan Medical and Dental Council. The Pakistan Medical and Dental Council Regulations of 2002 give this board the power to punish people.

If a doctor is found guilty after the committee’s investigation, his or her licence will be revoked. Legal action against the hospital and/or its employees who were responsible for the medical malpractice might also be taken by the committee.

Pakistani law governs cases of medical malpractice.

According to Pakistani medical malpractice legislation, it is the doctor’s exclusive responsibility to inform the patient of any potential dangers associated with the procedure or damage. A doctor’s duty also includes protecting the patient against potentially harmful treatments and practises.

A medical professional is guilty of “Qatl-i-Khata” (unintentional injury to a patient) under Section 318 of the Pakistan Penal Code 1860 if he or she causes the patient’s death or is complicit in a practise that causes the patient’s death.

If a patient dies due to medical malpractice, as defined by Section 304-A of the Penal Code of 1860, the doctor or practitioner is guilty of murder. The doctor faces either 2 years in jail or a $20,000 fine, or both, as a result of his activities.

The Act Concerning Fatal Accidents of 1855

The victim of medical negligence has the right to sue the negligent doctor or hospital in civil court under the Fatal Accidents Act (1855). The case is about getting money for injuries that were caused by the defendant’s careless medical treatment.

What to do if you suspect medical malpractice.

Under Section 318 and 304-A of the Pakistan Penal Code 1860, patients and their families can file a First Information Report (F.I.R.) against the hospital and the doctor or medical practitioner who hurt the patient.

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