The Peshawar High Court has quashed the decision of the Justice of the Peace against the female gynecologist and remarked that medical negligence is a technical matter, for which there is an expert forum like the Healthcare Commission.
The court clarified that resorting to general criminal law in the presence of the Khyber Pakhtunkhwa Healthcare Commission (KPHCC) Act is not legally valid. Determining medical negligence is not the job of the police or general courts.
The decision issued said that it is necessary to see whether the doctor’s action was in accordance with professional standards or not, and only an independent and expert regulatory authority can decide this.
The court has quashed the order of a Justice of the Peace against a female doctor for medical negligence, declaring it to be contrary to law.
The victim, whose wife was a victim of alleged negligence at a private clinic, has been directed to file a fresh complaint with the Healthcare Commission. The court also directed the commission not to reject the complaint on the ground that it was ‘time-barred’.
The court further said in its judgment that action against doctors cannot be taken on mere assumptions but for this, there must be professional expertise and technical evidence.
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