Karachi: Doctors’ plea for FIR cancellation
KARACHI: A division bench headed by Chief Justice Mushir Alam issued notices to the prosecutor general and a private respondent in a criminal miscellaneous application of two doctors seeking cancellation of a case against them.
Dr Razia Fida Hussain and Dr Anis Hussain Jafri, represented by Advocate Khalid Mehmood Siddiqui, stated that a pregnant woman, Farzana Shafiq, wife of Muhammad Shafique, was admitted to the Zainab Medical Hospital, Numaish, on April 17.
They submitted that the woman had a history of tuberculosis and oedema and she was also anaemic.
The petitioners stated that the next day she underwent a Caesarean section on her request due to medical complications and later delivered a baby.
They stated that later the patient’s condition deteriorated and she was operated upon for the second time. However, the doctors said, the patient had to be shifted to another hospital as it was advised that she be kept on a ventilator.
The petitioners submitted that the patient died on June 5 due to a cardiopulmonary arrest.
They said that the patient’s brother, Alamgir, lodged an FIR against them with the Soldier Bazaar police station nine days after the death of his sister, alleging negligence on the part of the doctors and medical staff.
The petitioners stated that later on July 9, they received a legal notice from her husband claiming damages of Rs12.5 million.
They stated that a special medical board was formed by the provincial government to ascertain the cause of death and the board submitted its final report observing that the patient was managed quite appropriately and no human error was seen in the case.The petitioner stated that the investigation officer of the case filed the final report based upon findings of the medical board and his own investigation and recommended to the court cancellation of the FIR.
However, they said that the trial court ordered the constitution of another medical board on the request of the complainant.
The petitioners said that the second medical board also opined that there was no delay in management of the case and no avoidable human error could be identified.
Nonetheless, they stated, the trial court discarded the reports of the two medical boards and held that the death of the patient was attributable to negligence of accused persons and ordered their trial.
The petitioners prayed to the court to set aside the impugned order of the trial court and order the cancellation of the FIR and trial proceedings against them.