Dr. SHAHID KARIM vs The CHIEF EXECUTIVE OFFICER, SINDH HEALTH CARE COMMISSION Ss

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Dr. SHAHID KARIM VS The CHIEF EXECUTIVE OFFICER, SINDH HEALTH CARE COMMISSION Ss. 322 & 34---Sindh Health Care Commission Act, 2013 (VII of 2014), Ss. 4(6)(b) & 29---Qatl-bis-sabab, common intention---Medical negligence---Investigation into allegations of mal-administration and malpractice of medical professionals---Mother of the complainant fell ill and was taken to hospital for treatment but she expired in the hospital---Complainant alleged that his mother died due to the negligence of the doctors who treated her in hospital---Petitioners/ doctors sought quashing of FIR lodged against them under Ss. 322 & 34, P.P.C. against them---Held, that Sindh Health Care Commission, constituting of experienced and wise doctors, had cleared the doctors of criminal liability---Recommendations of the Commission had to be given weight in cases of medical negligence---Person aggrieved in this case was highly disappointed at the service rendered to him---In the whole incident, sadly, mother of complainant passed away, and he was rightly hurt---Complainant was a competent member of the judiciary, and keeping in mind his intelligence and wisdom, perhaps his feelings got the better of him---It was evident from the number of doctors complainant had a grievance against that he had attributed criminal liability upon all who came on his radar, which was a reckless and incorrect step to take---Deceased was an elderly lady suffering from many ailments, and it appeared that she sadly was also impacted by the COVID-19 virus---Lapses were there on the part of the hospital management---Such aspect had, however, been analyzed by the Sindh Health Care Commission, and penalties that the Commission thought were fair were imposed---Moreover, it would have enhanced the Hospital management's dignity if someone had reached out to the aggrieved person, heard him out, and apologized for any grief caused---Medical profession, too, had a lot to answer---Insensitivity of doctors towards their patients, a quest to generate more money by the hour, long wait hours, not briefing patients, disdain towards queries made by patients, fragile egos and arrogance, and lack of clinical manners were some areas in which the medical profession should introspect---It is not denied that patients being treated like cattle is on the rise in the medical profession---It was preferable that an aggrieved person first sought his remedy before the Trial Court under S. 265-K or 249-A, Cr.P.C.---In the present case, the aggrieved doctors had not sought their remedy before the Trial Court; however, the circumstances of the present case necessitated quashing the proceedings originating out of FIR---Aggrieved person would not be restrained from pursuing any legal route he had after the decision on the appeal, which was pending adjudication, if it was held in the appeal that the doctors had been criminally negligent.

Dr. SHAHID KARIM vs The CHIEF EXECUTIVE OFFICER, SINDH HEALTH CARE COMMISSION Ss — 2024 PLD 320 KARACHI-HIGH-COURT-SINDH

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