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      Healthcare System and Medical Malpractice Law in Pakistan

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      Policy Perspectives: The Journal of the Institute of Policy Studies
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            Abstract

            Medical profession is a noble profession and requires extraordinary care and caution. The complaints of negligence and medical malpractice is not uncommon, however. Law of Torts is invoked for civil remedy for medical malpractice cases in Pakistan. Medical practitioners can be tried under charges of criminal liability too but courts are very reluctant to treat doctors under Pakistan Penal Code and want to contest such cases under civil liability. Following Indian precedent, Pakistan has given the jurisdiction to Consumer Courts too to try such cases. However, it is detestable to include medical services within the scope of consumer laws. Moreover, there is disparity regarding compensation. Thus, it is argued that a separate law should be devised for medical malpractice keeping in view the need and current practices of legal and healthcare systems.

            Content

            Author and article information

            Journal
            10.2307/j50009730
            polipers
            Policy Perspectives: The Journal of the Institute of Policy Studies
            Pluto Journals
            1812-1829
            1812-7347
            1 January 2018
            : 15
            : 3 ( doiID: 10.13169/polipers.15.issue-3 )
            : 85-98
            Affiliations
            Rukhsana Shaheen Waraich, PhD Research Student, Faculty of Shariah & Law, International Islamic University Islamabad.
            Article
            polipers.15.3.0085
            10.13169/polipers.15.3.0085
            d92adb55-9433-44de-846e-6b0068849f8c
            © 2018, Institute of Policy Studies

            All content is freely available without charge to users or their institutions. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal without asking prior permission of the publisher or the author. Articles published in the journal are distributed under a http://creativecommons.org/licenses/by/4.0/.

            History
            Custom metadata
            eng

            Education,Religious studies & Theology,Social & Behavioral Sciences,Law,Economics

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