Supreme Court of Pakistan
Bibi Hanifa v. Dr. Jamila Raza and others; Bibi Hanifa v. Secretary Health Department, Government of Balochistan, Quetta and others
Published on this website
Civil Petition 788/2018 and Civil Appeal 244/2018
Citation: Citation not provided
Background
Background
Supreme Court awards Bibi Hanifa Rs. 1.5 million for retained surgical sponges, explains civil medical negligence and directs hospital safety measures.
After a Caesarean section in Pishin in 2007, independent examinations and re-operation revealed two retained sponges. The Trial Court awarded damages, the High Court dismissed the claim, and the Supreme Court restored compensation on modified terms.
Legal questions
Legal questions
Did retained surgical sponges establish civil medical negligence, and did limitation, the Medical Tribunal objection or LAMA defeat the damages claim?
Court holding
What the Court decided
The evidence established negligent retention of two sponges on the balance of probabilities. Res ipsa loquitur called for an explanation; the unsubstantiated therapeutic-packing and LAMA positions did not answer the established facts. The civil damages suit remained maintainable.
Final outcome
Final outcome
High Court judgment set aside; total compensation fixed at Rs. 1.5 million, apportioned Rs. 500,000 personally to Dr. Jamila Raza and Rs. 1 million vicariously to the Hospital. Payment within sixty days, costs and patient-safety and accountability directions ordered.
Practical effect
What the decision means in practice
High Court judgment set aside; total compensation fixed at Rs. 1.5 million, apportioned Rs. 500,000 personally to Dr. Jamila Raza and Rs. 1 million vicariously to the Hospital. Payment within sixty days, costs and patient-safety and accountability directions ordered.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- The civil damages suit remained maintainable on the cause of action and statutory scope examined.
- Civil negligence was assessed on the balance of probabilities.
- Unexplained retained sponges supported res ipsa loquitur on the established evidence.
- LAMA did not erase negligence and deterioration preceding departure.
- Rs. 1.5 million was apportioned between the doctor and Hospital.
- The Court directed surgical-safety measures and a ninety-day compliance report to the authorities addressed.
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Related article
Related article
Supreme Court awards Bibi Hanifa Rs. 1.5 million for retained surgical sponges, explains civil medical negligence and directs hospital safety measures.
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