suit decreed against the doctor for negligence
S. 1---Pakistan Medical and Dental Council Ordinance (XXXII of 1961), S. 32---Suit for compensation and damages---Death of patient due to wrongful acts, gross negligence and carelessness in professional duties of doctor s---Proof---Lady doctor after examining gallbladder of deceased not properly functioning advised for his immediate operation in her hospital through a Professor/doctor ---Such hospital was not having proper operation theatre, pre and post operation facilities, competent and trained staff to look after such type of patients---Professor/doctor had operated patient on advice of Lady doctor without caring that patient was already suffering from jaundice and knowing that in such cases operations were not conducted---Professor had not attempted to go through patient's record, but had carried out operation in a post haste manner---Patient had died on account of a fistulae developed due to Professor's/doctor 's negligence and mishandling during operation---Inquiry Board constituted by Ministry of Health had found both such doctor s to be negligent in performing their professional duties while operating the deceased---According to report of the Board, Lady doctor as Senior Medical Officer in a Government Hospital was running a private clinic and hospital---Report of the Board stated that no general anesthesia was given to deceased prior to operation and only spinal anesthesia was given to her, which was a fatal negligence committed by doctor s---Life of deceased was in danger due to development of fistulae, for which Professor/doctor had advised husband of deceased that she needed re-operation, which showed that there was something wrong in the operation---Tests taken after operation showed abnormality of bilirubin, alkaline and phosphate presence in ascetics---Ultra-sound of whole abdomen showed enlargement of liver and spleen of deceased, but no heed was paid thereto by doctor s---doctor s had not taken any positive step to cure ailment caused to deceased due to their negligence nor had cared to conduct more tests, but kept on falsely informing husband of deceased that there was no need to worry---Record showed that Professor/doctor had never visited deceased after operation, but her husband contacted him at each occasion---Lady doctor seeing condition of deceased deteriorating day, to day took her to Government Hospital and got her admitted there for ICU treatment, when deceased had reached to a point of no return and could not survive there due to low condition as a result of septicemia---Evidence on record showed that defendants- doctor s were responsible for mismanaging case of deceased and had failed to perform their duty in a conscientious manner---Report of Medical Board showed that Lady doctor had mismanaged deceased and was responsible for wrong doings and mismanagement at her hospital apart from her professional gross negligence ---Lady doctor was debarred from filing written statement as she did not receive notice of court, but had abused bailiff of court---Deceased had lost life due to gross negligence and carelessness committed by defendants/doctor s in their professional duties---Defendants were liable to pay damages in sum of Rs.10 Million each and pay Rs. one lac each to legal heirs of deceased, while Lady doctor was liable to pay to husband of deceased Rs. 3,65,000 as medical expenses incurred by him---High Court decreed the suit on such terms while directing Pakistan Medical and Dental Council to take necessary actions against defendants-doctors.
2011 PLD 117 KARACHI-HIGH-COURT-SINDH
Side Appellant : Master ABDUL BASIT
Side Opponent : Dr. SAEEDA ANWAR.
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