Mian Araham Ataullah: “Medical Negligence – A Gray Area of Law.”

We had a talk with Mr. Mian Araham Ataullah, who graduated with a law degree LLB Honours from University of London at the age of 22. He is a lawyer and is vocal as per the rights of individuals. He, like his grandfather, Mr. Mian Ataullah, is a philanthropist and following his footsteps he aims to help the poor and needy by providing free-of-cost legal services to them. His views regarding medical negligence are as followed;

Healthcare profession is a very noble profession and such a noble profession comes with great responsibility. The relationship between a healthcare provider and his/her patient is more of a contractual obligation; which is based on trust uplifting the very dogma of duty of care which is owed to the patient and is not to be breached. Doctors like everyone are prone to make mistakes, however, the intensity of the mistake in discharge of their duties gives a rather life-threatening outcome. Doctors owe a duty of care to their patients. We must learn the consequences of negligence, it’s not what we do but what we don’t do.

According to a survey around 20,000 cases of medical negligence are reported each year while over 100,000 deaths in regard with such negligence result each year in the United States. In the UK, according to a report of NHS, in the period of 2020-2021, there were 12,629 clinical claims made against the NHS. It is authoritatively shown that around 10 to 11% of hospital admissions each year end in an adverse outcome due to a medical incident.

In the US, lawsuit regarding medical negligence is generally filed in a state trial court. The process of discovery is facilitated by requests for documents, interrogatories and depositions. Depositions are formal proceedings in which parties to the litigation are questioned by counsel, under oath, and a record of the proceeding is made for later use in court. If the case goes to court then it will be a lengthy process. According to a report by one of the legal experts the whole court process can take upto 1-5 years.

A claim in the UK begins with a letter of claim being sent to the clinician. Throughout the said process both the parties will consider whether to settle, usually without admitting liability, that to encourage an out of court settlement. Criminal prosecutions for clinical negligence are much less common, but may result in a custodial sentence for the clinician. Recent case of Bawa-Garba can be used as an example to explain such negligence and the outcome of such in regards to medical negligence. 

The health care system of developing countries, in comparison, can be said to be at  a worse condition. Like every other developing country, the state of healthcare system in Pakistan is not even close to being good but rather the process of development seems very long. It is reported that more than 1 Million incidents regarding medical negligence occur in Pakistan each year. Such cases go in vain because of the complexity of filing claims concerned with the said tort.

The whole process of medical negligence rests with PMDC in Pakistan, which can initiate an inquiry under the Medical Tribunal. PMDC is responsible for taking action against such healthcare workers. The problem does not only lie with the legal framework for medical negligence but also the kind of support healthcare providers get from their colleagues. Numerous cases are reported each year where the aggrieved parties have filed complaints related to malpractice by medical practitioners. However, justice or any compensation hardly seems to have ever been served to the aggrieved.

The problem, as mentioned, isn’t really with developing countries or with developed countries. The problem lies within the very root of this concerned tort. Even if the patient succeeds in making his claim, the amount of time it takes for him to get justice is way too much. As for developed countries, like US or UK, it can take upto 5 years or even more, as for developing countries, it can take upto even 15 years. The saying “justice delayed is justice denied” fits perfectly here. Although, what more can you take from a person who has been hurt from such negligence, all he wants is justice.

That all being said, the laws regarding medical negligence are too little and it’s probably too late, we are still behind strict laws shadowing medical negligence. Everyone owes a duty of care especially those who have a life to save and if they make any negligence then they should be answerable. In my opinion, a proper legal framework is needed, dedicated entirely to medical negligence.