Justice After Two Decades: Karachi Court Awards Rs 20 Million in Landmark Medical Negligence Case
In a significant ruling that underscores the accountability of healthcare providers, a Karachi civil court has ordered a private hospital and its medical staff to pay Rs 20 million in damages following a fatal case of medical negligence dating back to 2002.
The decree, issued by Senior Civil Judge (Central) Durre-Shahwar Junejo, concludes a long-standing legal battle fought by the heirs of 30-year-old Kishwar Afsar under the Fatal Accident Act.
A Tragic Turn of Events
The case originated in May 2002, when Kishwar Afsar was admitted to Ghafoor Medical Centre for a routine delivery. While she successfully gave birth to a baby girl via caesarean section, her condition spiraled out of control almost immediately after she left the operating theater.
Key failures highlighted during the trial included:
•Post-Operative Neglect: The plaintiff, Mohammad Afsar Khan, noticed thick blood oozing from the surgical site, yet the main surgeon had already left the premises.
•Lack of Preparedness: Despite the risks associated with surgery, the court noted that blood had not been adequately pre-arranged for the patient.
•Infrastructure Deficiencies: When Kishwar’s condition became critical due to severe internal bleeding, the hospital admitted it lacked an Intensive Care Unit (ICU) and ventilator support to manage the emergency.
”The doctor had left the hospital post-surgery and attended only later in the night the hospital admittedly lacked ICU and ventilator facilities.” — Court Observation
The Defense vs The Verdict
The defendants; the hospital and two attending doctors denied all allegations of malpractice, claiming they had employed all possible “knowledge, experience, and skill.” However, the evidence told a different story of delayed response and inadequate facilities.
After being transferred in critical condition to another facility, Kishwar succumbed to her injuries, leaving behind a grieving husband and a newborn daughter.
The Final Judgment
The court’s decision serves as a stern warning to medical institutions regarding the “duty of care.” The court directed the hospital and the doctors to pay Rs 20 million in compensation to the legal heirs within 60 days. Furthermore, an eight per cent markup was applied to the decretal amount, effective from the date of the decree until the realization of the payment.
This verdict is more than just a financial settlement; it is a validation of a family’s 24-year quest for justice. By penalizing the failure to provide basic emergency infrastructure and post-operative monitoring, the Karachi civil court has set a vital precedent for patient rights and medical accountability in Pakistan.