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No Criminal Case Can Be Registered Against the Doctors Without Adjudication of Complaint Under the Islamabad Healthcare Regulation Act, 2018 --- Islamabad High Court, Islamabad

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No Criminal Case Can Be Registered Against the Doctors Without Adjudication of Complaint Under the Islamabad Healthcare Regulation Act, 2018 --- Islamabad High Court, Islamabad

Islamabad 04-07-2024: In a significant ruling, the Islamabad High Court (IHC) has set aside an order directing the registration of a First Information Report (FIR) against healthcare professionals accused of medical negligence. The judgment in [W.P No. 3431-2023], delivered by Mr. Justice Mohsin Akhtar Kayani, emphasized the need for adherence to the Islamabad Healthcare Regulation Act, 2018, before initiating criminal proceedings.

The petitioner, challenged the order dated 23.10.2023, passed by ASJ-VI/Ex-Officio Justice of Peace (East), Islamabad, which directed the SHO to lodge a criminal case against the petitioner and other medical staff. The complaint was filed by respondent Syed Ihsan Hussain Shah, alleging negligence that resulted in burn injuries to his newborn daughter.

Mr. Justice Mohsin Akhter Kayani highlighted that under the Islamabad Healthcare Regulation Act, 2018, no criminal case can be registered without the authority’s adjudication of the complaint. Sections 32 and 33 of the Act mandate that complaints be addressed through the regulatory framework established by the Islamabad Healthcare Regulatory Authority (IHRA).

The Court underscored the requirement for a technical expert report from IHRA or the Pakistan Medical and Dental Council (PMDC) before lodging an FIR in cases of medical negligence. The judgment reiterated that IHRA has exclusive jurisdiction to handle such complaints and emphasized that the police must seek expert opinions from IHRA before proceeding with any FIR.

The judgment laid down comprehensive guidelines for dealing with medical negligence cases. These include:

The necessity of obtaining expert reports from IHRA or PMDC.
Steps for the police to follow in handling complaints.
The roles of IHRA and PMDC in investigating and reporting on medical negligence.
The exclusion of consumer courts from jurisdiction over medical negligence cases.

The Court allowed the writ petition, setting aside the impugned order dated 23.10.2023, thereby emphasizing the need for strict adherence to the regulatory process stipulated by the Islamabad Healthcare Regulation Act, 2018. This ruling is expected to have significant implications for the handling of medical negligence cases in Islamabad, ensuring that regulatory frameworks are properly followed and expert evaluations are obtained before initiating criminal proceedings against healthcare professionals.