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Home > Medical Malpractice: An Analytical Study in the Light of Shariah & Law

Medical Malpractice: An Analytical Study in the Light of Shariah & Law

Thesis Info

Access Option

External Link

Author

Shaheen Waraich, Rukhsana

Program

PhD

Institute

International Islamic University

City

Islamabad

Province

Islamabad.

Country

Pakistan

Thesis Completing Year

2020

Thesis Completion Status

Completed

Subject

Law

Language

English

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/13390/1/Rukhsana%20shaheen%20waraich%20shariah%202020%20iiui%20isb%20prr.pdf

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676724862466

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Medical malpractice is professional misconduct or unreasonable lack of skill by the practitioners in the field of medicine. At present, such malpractices are not only an issue of developing countries but of developed countries as well. In Pakistan, the situation of law regarding medical malpractice has not remained very encouraging, for two main reasons. First, Pakistan lags behind in healthcare system, although its basic structure is quite similar to the world’s leading systems, that is, ‘National Healthcare System’ of England. Lamentably, this extensive infrastructure has not been translated in delivery of good healthcare due to the lack of political will, thorough supervision, insufficient legislation and inefficeinet implementation. Secondly, Pakistan, being former colony of British India, provides ‘law of torts’ to be invoked in cases of medical negligence, that has reached to commendable maturity in England nonetheless an immature segment of legislation in Pakistan. Consequently, unlike recent past, very few instances of medical malpractice were brought into litigation. However, a recent increase in number of such cases seems a good indicator to show that the law of medical malpractice has started taking roots in Pakistan under the influence of different jurisdictions. Thus, following Indian example, Pakistan has included medical services within the ambit of consumer protection laws. However, it is detestable to include medical services within the scope of consumer laws. It may lead to an acceptance to the element of consumerism in the field of medicine, which is a noble profession to serve humanity rather than a business venture for the maximization of profit. Sharī‘ah, on the other hand, provides basic guidelines regarding medical ethics and liability of medical practitioners in case of medical malpractice that may be adopted in legal system of Pakistan. Moreover, its criminal law provides a complete tariff of monetary compensation for bodily harm. Pakistan can learn lessons from Sharī‘ah and English law, in order to develop a comprehensively dedicated law on the given subject. Thus, this thesis suggests proposal for development of medical malpractice law for Pakistan in the light of Sharī‘ah and English law.
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