The Statutory Scheme and Procedural Mechanism of Medical Negligence: Elements and Characteristics under Pakistani Law

Abstract

One of the biggest principles of tort law is the law of negligence. This principle has been applied in cases of medical issues as a duty of reasonable care is also imposed upon a medical practitioner. The proposition that a medical practitioner can be liable for negligence has expounded upon by the English and Indian Courts. Under the Pakistani Legal System, there exists a uniform procedural mechanism in each of the Provinces and the Federal Capital to deal with cases of medical negligence, although there is a difference of substantive elements of the same between the Provinces and the Federal Capital. The Pakistani Superior Courts have expounded upon the jurisprudence surrounding medical negligence by relying on the principles laid down by the English and Indian Courts respectively. While there is some progress, there needs to be a more- speedy process to deal with cases of medical negligence and also there needs to be uniform law of medical negligence for the sake of proper implementation across Pakistan as there is no general law that exclusively deals with medical negligence, although cases of the same can be made out from these general provisions.

Keywords: Negligence, Medical Negligence, Medical Mal-practice, Law of Tort, Pakistani Legal System