Medical Tribunal Upholds Dismissal in Negligence Appeal

Tribunal Reinforces Finality in Medical Negligence Case

The medical tribunal, established under the Medical Tribunal Act 2020, has dismissed an appeal in an alleged medical negligence case involving shoulder surgeries performed in Lahore during 2018 and 2019. The tribunal’s ruling underscores the importance of finality in litigation, strict adherence to limitation laws, and the prohibition of multiple proceedings across different forums.

The appeal was filed against the decision of the Disciplinary Committee of the Pakistan Medical Commission (now Pakistan Medical and Dental Council), which had previously exonerated the orthopedic surgeon of professional misconduct. The appellant sought a re-examination of the matter, including the constitution of a foreign medical board and initiation of criminal proceedings.

In its detailed judgment, authored by Chairman retired Justice Safdar Saleem Shahid, the tribunal noted that the appellant had already pursued multiple proceedings before the Punjab Healthcare Commission, civil courts in Lahore, and the Lahore High Court. This pattern of litigation was deemed forum shopping and an abuse of process.

The tribunal applied the doctrine of estoppel, pointing out that the appellant had earlier refrained from attributing negligence to the surgeon and had even acknowledged corrective treatment. Attempting to reverse that position at a later stage was barred.

Additionally, the tribunal ruled that the complaint was time-barred, as the cause of action arose in 2018–2019, and subsequent complaints were filed beyond the statutory limitation period. It emphasized that limitation laws are not merely procedural but go to the root of jurisdiction.

Dr. Minhajus Siraj, Member (Technical) of the tribunal, highlighted that the ruling reinforces critical legal principles: finality of judicial decisions, strict application of limitation laws, prohibition of forum shopping, and respect for statutory jurisdiction. He noted that the judgment serves as a guiding precedent for litigants and practitioners in healthcare regulatory matters.

According to Section 9 of the Medical Tribunal Act 2022, any person aggrieved by a final order of the tribunal may appeal to the Supreme Court of Pakistan within 30 days.

This ruling not only closes the chapter on the specific negligence case but also sets a strong precedent for maintaining procedural discipline and ensuring responsible use of legal remedies in Pakistan’s healthcare regulation system.