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Professor Dr. NIAMAT ULLAH vs IZAZ KHAN S — 2026 PLD 49 PESHAWAR-HIGH-COURT

Case information

Citation
2026 PLD 49 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
PLD
Parties
Professor Dr. NIAMAT ULLAH vs IZAZ KHAN S
Subject matter
Criminal
Provisions referred to
S. 13---K; S. 19; Khyber Pakhtunkhwa Health Care Commission Act (V of 2015); Khyber Pakhtunkhwa Health Care Commission Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Professor Dr. NIAMAT ULLAH VS IZAZ KHAN S.13---Khyber Pakhtunkhwa Health Care Commission Act (V of 2015), Ss.13 & 19---Consumer protection---Medical negligence---Scope---Immunity to healthcare establishment---Appellant was aggrieved of order passed by Trial Court on the complaint of respondent for committing medical negligence---Validity---For a claim of medical/clinical negligence to be established, a medical practitioner has to be found to have breached a duty of care to a patient, who in turn suffers injury as a result of such breach---Demonstrating that a doctor has breached duty of care is the first major hurdle in any negligence case but this is not always clear cut---There is scope for genuine differences of opinion when it comes to diagnosis and treatment---Consumers Protection Court had no jurisdiction to try such like complaints---Private healthcare establishments have been given immunity under S.19 of Khyber Pakhtunkhwa Health Care Commission Act, 2015---High Court in exercise of appellate jurisdiction dismissed the complaint filed against appellant---Appeal was allowed, in circumstances.

Other judgments reported in 2026 PLD

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