Medical Negligence orMalpractice: Critical Review of Relevant Laws in Pakistan

Abstract

Introduction The terms 'medical negligence or medical malpractice' are often used synonymously, however, in stricto senso 'medical negligence' include “criminal negligence” while 'medical malpractice' encompasses civil negligence including two other types, i.e., contributory and third party negligence. The word negligence is a noun meaning “not to give proper care or carelessness”. Therefore, the medical negligence means medical treatment without proper care or is an act or omission by a medical practitioner therein he has deviated from accepted standards of practice in the medical fraternity and caused damage/injury or death to the patient. In case of damage/injury, it falls within the ambit of civil negligence and in case of death of patient; it falls within the purview of criminal negligence. Medical Negligence comes under the category of tort law. The scope of medical negligence is not limited to conduct of the medical practitioner alone. It extends to his staff working under his supervision (3rd party negligence) and in a hospital setting to the whole unit (captain of ship theory/master is responsible /vicarious liability) and in some cases role of patient also contribute in it (contributory negligence).