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

Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Articles 185(2)(d) and (3)Pakistan | Qanun-e-Shahadat Order, 1984 | Article 2(4)Pakistan | Medical Tribunal Act, 2020 | Section 10Pakistan | Balochistan Healthcare Commission Act, 2019 | Section 22

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

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.

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