| Case ID |
37a0f1b2-314d-4f30-b43b-58605efd5144 |
| Body |
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| Case Number |
Suit No.200 of 1985 |
| Decision Date |
Aug 05, 1997 |
| Hearing Date |
Mar 05, 1997 |
| Decision |
The court dismissed the plaintiff's suit for recovery of damages, amounting to Rs.5,50,000 under the Fatal Accidents Act. The judgment concluded that the plaintiff failed to prove negligence on the part of the defendants. The evidence indicated that the medical treatment provided was in accordance with the best practices and standards by reputed specialists. The principle of 'res ipsa loquitur' was found not applicable as the plaintiff had sufficient knowledge of the treatment and the patient's condition. Thus, the court ruled that the defendants acted appropriately and the plaintiff was not entitled to claim damages. |
| Summary |
In the case of Muhammad Yaseen vs. Medicare Clinic Ltd, the Sindh High Court examined the claim for damages under the Fatal Accidents Act. The plaintiff alleged that the death of his daughter was due to the negligence of the defendants. The court found that the plaintiff failed to establish that the defendants acted negligently or carelessly during the treatment of the patient. The evidence demonstrated that the medical professionals involved were well-respected and provided adequate care. The court ruled that the principle of 'res ipsa loquitur' did not apply as the plaintiff had full knowledge of the patient's medical condition and treatment, and therefore, the burden of proof lay with the plaintiff to demonstrate negligence, which was not satisfied. This case emphasizes the importance of evidential burden in medical negligence claims and the necessity for plaintiffs to substantiate their allegations with clear evidence. Notably, the court's decision highlights the relevance of expert testimony in establishing the standard of care in medical cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Steel Fabricating Company Ltd,
Medicare Clinic
|
| Judges |
ZAFFAR HADI SHAH, J
|
| Lawyers |
Hassan Ahmad Jaffri,
Abdul Matin
|
| Petitioners |
MUHAMMAD YASEEN
|
| Respondents |
,
MEDICARE CLINIC LTD
|
| Citations |
1998 SLD 1199,
1998 CLC 139
|
| Other Citations |
Road Transport Board, N.-W.F.P. v. Mst. Gul Zarina 1995 CLC 83,
Muhammad Yasin's case 1985 CLC 2111,
Pakistan Steel Mill Corporation and another v. Abdul Habib and others 1993 SCMR 848,
Mst. Kamina and another v. Ali Amin Goods Transport Agency and 2 others 1992 SCMR 1715,
Karachi Transport Corporation v. Mst. Qiaser Jehan and another 1995 CLC 196,
Messrs Jehangir Services (Private) Limited and another v. Mst. Bibi Rukhsana Begum and 2 others PLD 1995 Kar. 329,
PIA v. Muhammad Ali and others PLD 1989 Kar. 269,
Gold v. Essex County Council (1942) 2 KB 293,
Collins v. Hertfordshire County Council and another (1947) 1 KB 598,
Cassady v. Ministry of Health (1951) 2 KB 343,
Master Muhammad Bashir v. Moinuddin 1990 CLC 703,
M/s. Leather Goods International v. Mst. Aisha Khatoon Sherwani 1986 CLC 333,
Manzoor Ahmed v. Razia Khatoon and others 1992 CLC 1331
|
| Laws Involved |
Fatal Accidents Act, 1855
|
| Sections |
1
|