Medical tribunal dismisses appeal in alleged negligence case

ISLAMABAD: A medical tribunal set up under the Medical Tribunal Act 2020 has rejected an appeal in an alleged medical negligence matter, upholding an earlier decision of the Pakistan Medical Commission’s disciplinary committee, now the Pakistan Medical and Dental Council (PMDC).

In a detailed ruling written by tribunal chairman retired Justice Safdar Saleem Shahid and announced by the full bench, the tribunal maintained the validity of the committee’s communication dated June 24, 2022.

The case stemmed from a complaint alleging medical negligence and professional misconduct against an orthopaedic surgeon at a private healthcare facility in Lahore over shoulder surgeries carried out in 2018 and 2019.

The appellant had sought a fresh examination of the matter, including the formation of a foreign medical board and the initiation of criminal proceedings, after the PMDC disciplinary committee cleared the surgeon of professional negligence in relation to the surgeries.

Tribunal cites prior proceedings and limitation

According to the judgement, the appellant had already pursued the matter before several forums while filing the appeal before the tribunal. These included the Punjab Healthcare Commission, civil courts in Lahore and the Lahore High Court.

The tribunal relied on the doctrine of estoppel and the appellant’s earlier conduct, noting that in previous proceedings the appellant had expressly avoided blaming the respondent doctor for negligence and had acknowledged corrective treatment. On that basis, the tribunal held that the appellant could not later adopt a contrary position.

The ruling also held that the complaint was barred by limitation. It referred to findings by the Lahore High Court in the same matter, which had ruled that the cause of action arose in 2018–2019 and that later complaints were filed after the statutory time limit had expired.

The tribunal said limitation was not merely a procedural issue but one that went to the root of jurisdiction.

Forum shopping criticised

Taking note of multiple proceedings on the same cause of action, the tribunal criticised the filing of parallel and successive cases before different forums. The judgement said such conduct amounted to abuse of process and weakened judicial discipline.

It ultimately found no illegality or jurisdictional defect in the impugned decision of the PMDC disciplinary committee. Holding that the matter had already attained finality, the tribunal dismissed the appeal for lacking merit.

Dr Minhajus Siraj, Member (Technical) of the Medical Tribunal, told Dawn that the ruling reaffirmed several key legal principles, including the finality of judicial and quasi-judicial decisions, the strict application of limitation laws, the prohibition of forum shopping and respect for the jurisdictional limits of statutory tribunals.

“The judgement serves as a guiding precedent for litigants and practitioners in healthcare regulatory matters, emphasising procedural discipline and responsible use of legal remedies,” he said.

Dr Minhaj also said that under Section 9 of the Medical Tribunal Act, 2022, any person aggrieved by a final order in a suit, in appeal or against any sentence passed by the tribunal may file an appeal before the Supreme Court of Pakistan within 30 days of communication of that order or sentence.