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SC medical negligence ruling ends twin-birth death case

Justice Ishtiaq Ibrahim’s six-page verdict says a patient’s death during treatment is not itself criminal negligence, and leaves lower-court decisions undisturbed.

Zaviya Desk

· 3 min read

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The Supreme Court’s medical negligence ruling has dismissed a petition that sought criminal proceedings against doctors after a woman died during the birth of twin girls at a private hospital in Islamabad. In a six-page written verdict, Justice Ishtiaq Ibrahim held that a patient’s death during medical treatment cannot, on its own, be treated as proof of criminal negligence.

What the court found on the record

According to the written verdict, the doctors followed medical procedures to treat the patient, and her consent for the operation was obtained before the delivery. The court said there was no material on record suggesting any doctor intended to cause the woman’s death. It was also not proven that anaesthesia was given for any purpose other than medical treatment.

The medical negligence ruling further stated that there was no material to show the doctors acted in bad faith, or that they knew of circumstances that could turn the procedure into a punishable offence. Those findings were central to why the criminal case against them did not proceed further at the apex court.

Why the petition was dismissed

The woman’s husband had started criminal proceedings against the doctors after her death following the twin birth. The Supreme Court said there was no justification to interfere with the decisions already taken by the subordinate court and the Islamabad High Court. On that basis, the petition seeking criminal proceedings was dismissed.

The court also noted that the Pakistan Medical and Dental Council (PMDC), the national regulator for doctors and dentists, had withdrawn its preliminary proceedings on medical negligence in the matter. That withdrawal sat alongside the absence of material the court said was needed to sustain a criminal case.

What the ruling settles—and what it does not

In practical terms, the medical negligence ruling settles this petition: death during childbirth, even in tragic circumstances such as a maternal death after twin delivery, is not automatic proof that doctors committed a criminal offence. Families and patients still depend on evidence of intent, bad faith, or other punishable conduct, which the court said was missing here. The decision does not rewrite medical standards in general; it applies the criminal-law threshold to the facts before the court.

Aasan alfaaz mein

Supreme Court ne Islamabad ke private hospital ke doctors ke khilaf criminal case ki darkhwast kharij kar di. Court ne kaha ke delivery ke dauran maut akeli is baat ka saboot nahi ke doctor ne jurmana-e-ghafalat ki ho. Operation se pehle raza-mandi li gayi thi, aur niyat ya bad-niyati ka koi saboot record par nahi mila. Matlab yeh ke aisi cases mein sirf dukh ki khabar kaafi nahi; qanooni saboot chahiye hota hai.

Questions readers ask

FAQ

The court held that a patient’s death during medical treatment is not itself proof of criminal negligence. It looked for material showing intent to cause death, bad faith, or anaesthesia used for a non-medical purpose, and found none on the record.

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