Supreme Court of Pakistan

Amjad Ali v. Dr. Taqdees Naqaish and others

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Crl.P.L.A. 955 of 2020

Citation: Crl.P.L.A. 955 of 2020

Pakistan | Pakistan Penal Code, 1860 | Section 88Pakistan | Pakistan Penal Code, 1860 | Section 318Pakistan | Pakistan Penal Code, 1860 | Section 319Pakistan | Pakistan Penal Code, 1860 | Section 322Pakistan | Pakistan Penal Code, 1860 | Section 34Pakistan | Code of Criminal Procedure, 1898 | Section 249-A

Background

Background

Pakistan’s Supreme Court requires proof of gross medical negligence causing death and explains why consent does not give doctors blanket immunity.

Following his wife’s death after delivery of twin daughters at Shifa Hospital, Amjad Ali alleged criminal negligence by the treating doctors, including use of spinal rather than requested epidural anaesthesia. The trial court acquitted them under Section 249-A CrPC; the Islamabad High Court upheld the acquittal. His leave petition challenged those decisions.

Legal questions

What degree of medical negligence attracts criminal liability for a patient’s death, and did the treatment and consent record justify interfering with the doctors’ acquittal?

Court holding

What the Court decided

Criminal medical negligence requires a duty of care, a breach causing death and gross negligence. An adverse treatment outcome or the availability of another course is insufficient by itself. Section 88 PPC requires benefit, good faith, no intention to cause death and the requisite consent; consent alone does not confer blanket immunity.

Final outcome

Final outcome

Petition dismissed and leave to appeal refused. The doctors’ acquittal under Section 249-A CrPC, upheld by the Islamabad High Court on 16 July 2020, remained undisturbed.

Practical effect

What the decision means in practice

Petition dismissed and leave to appeal refused. The doctors’ acquittal under Section 249-A CrPC, upheld by the Islamabad High Court on 16 July 2020, remained undisturbed.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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Judgment of Justice Ishtiaq Ibrahim7 paragraphs

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