Medical Tribunal overturns PMC licence cancellation, upholds negligence finding

ISLAMABAD: The Medical Tribunal has set aside a decision of the former Pakistan Medical Commission to permanently cancel a doctor’s licence in a case linked to alleged professional misconduct in the preparation of medico-legal post-mortem reports, while maintaining the finding of professional negligence and the Rs1 million fine.

According to a judgment authored by tribunal chairman retired Justice Safdar Saleem Shahid, the appeal was partially allowed after the tribunal reviewed the record, evidence and relevant legal principles. The case stemmed from disciplinary proceedings against a medical officer over post-mortem reports prepared in connection with a death reported in Sukkur in September 2020.

The disciplinary committee of the erstwhile PMC, now the Pakistan Medical and Dental Council, had permanently cancelled the practitioner’s medical licence and imposed a fine of Rs1 million. The committee had cited inconsistencies and shortcomings in a series of post-mortem reports issued in the same matter.

After examining the case, the tribunal held that the practitioner had shown professional negligence, particularly in documentation, forensic articulation and in not determining the cause of death after the post-mortem. However, it found no evidence of intentional concealment, fabrication or fraudulent conduct.

The ruling said the inconsistencies in the reports were the result of technical and clerical shortcomings rather than wilful misconduct. It further held that while the disciplinary findings were sustainable to an extent, the punishment awarded was excessively severe and legally disproportionate.

The tribunal stressed the doctrine of proportionality, observing that disciplinary measures affecting professional rights must satisfy that standard. It said extreme penalties such as permanent cancellation of a licence require clear and compelling evidence of grave misconduct or moral turpitude. The judgment also relied on Supreme Court precedents, reaffirming that administrative decisions must be fair, based on evidence and proportionate.

Under the tribunal’s operative directions, the Rs1,000,000 fine will remain in place, but the permanent cancellation of the licence has been withdrawn. Instead, the practitioner’s licence has been suspended for five years. The tribunal also ordered that restoration of the licence would depend on completion of certified medico-legal and forensic training and submission of proof to the PMDC before the practitioner is allowed to resume practice.

Member (Technical) Dr Minhajus Siraj said the ruling marked an important correction in medical regulation by distinguishing between medical negligence and professional misconduct. He told Dawn, “By distinguishing between negligence and intentional misconduct, the judgment draws a necessary line that regulatory bodies must heed. If every serious error is treated as grounds for professional extinction, the system may inadvertently discourage transparency and honest correction.”

He further said, “The tribunal’s reliance on the doctrine of proportionality is therefore both timely and necessary. A five-year suspension, coupled with mandatory forensic training, signals that negligence will carry consequences. There is, however, a broader institutional lesson here.”

Dr Siraj also suggested that regulators should not rely only on punitive action and should instead invest in capacity-building, clearer protocols and continuous professional development, particularly in forensic medicine.

A medical professional described the ruling as a landmark in Pakistan’s medical jurisprudence, saying it clarified the legal threshold between negligence and misconduct, reinforced fairness in disciplinary proceedings, protected medical professionals from disproportionate punishment and strengthened the integrity and accountability of medico-legal practice.