MEDICAL MALPRACTICE AND PATIENT RIGHTS IN PAKISTAN: GAPS IN LAW AND PRACTICE

Abstract

There are loopholes in law, regulation and enforcement that further dilute the rights of patients in Pakistan. There may be constitutional rights and laws that recognize the right to life and safe medical care, but there is no robust system of medical malpractice in the country to establish clear standards of care, liability and redress. Regulatory bodies such as the Pakistan Medical and Dental Council and provincial healthcare commissions are challenged by a lack of regulation, inconsistent compliance and limited investigative resources. This has either caused to block the patients from reporting the negligence or stopping them from getting the evidence or getting proper compensation. The lack of accountability is also because of lack of public understanding, long court cases and cultural deference to medical authority. In Pakistan, there is an urgent need to initiate a process of regulation and transparency as well as the registration of complaints and establishing a mechanism for accountability in order to get access of rights related to patients' care and over all health systems.