LHC suspends PHC decision against hospital

The Lahore High Court Friday suspended a decision of Punjab Healthcare Commission (PHC) wherein it ordered registration of a criminal case against owner of a private hospital for allegedly causing death of new-born.

Ghulam Mustafa, who runs a hospital in Renala Khurd, filed a writ petition challenging the decision of the PHC for being unlawful.

Representing the petitioner, Advocate Ashfaq Ahmad Kharal stated before the court that the PHC acted on a complaint filed by the husband of a woman, who visited his hospital for delivery.

The counsel said two qualified female doctors conducted operation of the woman; however, she developed some complications. He said the petitioner, being owner of the hospital, took the woman to Sir Ganga Ram Hospital, Lahore, where doctors could only save the mother and the new-born boy died.

He said the healthcare commission held an inquiry on the complaint of the woman’s husband wherein it gave a clean chit to the doctors, who conducted operation of the patient, with a warning and ordered the local police to lodge a criminal case against the petitioner.

The counsel argued that the Punjab Healthcare Commission Act 2010 did not empower it to order a criminal case. He said the commission could only order sealing of a health facility, impose fine or cancel practicing licence of a doctor.

He asked the court to set aside the impugned decision of the PHC for being unlawful and beyond its jurisdiction.

Justice Ali Baqar Najafi heard the arguments, suspended the decision and sought a detailed reply from the commission by September 8.