SHC issues notices to SHCC, others on plea against unlicensed healthcare institutions

The Sindh High Court (SHC) has issued notices to the chief executive officer of the Sindh Health Care Commission (SHCC) and others on a petition seeking action against unlicensed healthcare establishments in the province.

Jaffer Raza and Asad Iftikhar submitted in the petition that several patients, including nine-month-old girl Nishwa, had died due to alleged medical negligence on the part of private healthcare institutions.

They said medical negligence at such a regular frequency only indicated that the issue was rampant in our society and could only be attributed to weak laws and even weaker implementation.

They said the apathy and callousness of medical practitioners and healthcare establishments had contributed to the menace to the extent that there was hardly a citizen who had been not been directly or indirectly affected.

They said there were countless instances of medical negligence whereby people had lost their lives due to improper treatment and those very medical practitioners continued risking the lives of many more as there was no proper system of checks and balances.

The petitioners stated that the Sindh Healthcare Commission Act promulgated in 2013 also provides for the promulgation of a commission with wide-ranging powers, including investigations into malpractices and failures in the provisions of healthcare services.

The said that despite the lapse of several years the commission was not working properly, and had the commission’s powers were put to use, the society would not have experienced the horrific incidents of medical malpractice which were happening at an ever increasing rate.

They added that the healthcare commission was also authorised to monitor and regulate the quality and standards of healthcare services and moreover issue regulations and guidelines for the provisions of health care in Sindh; however, the law seemed far-fetched and fictitious with no implementation.

They added that omissions and lapses on the part of the commission by failing to use their discretionary powers had led to medical practitioners and healthcare establishments enjoying unprecedented impunity whose grave negligence went unchecked and without any legal repercussions.

They submitted that medical practitioners used medical jargons and terminologies to misguide the public at large and as a veil to hide their own incompetence and negligence, saying the common man was easily deceived and did not take it upon himself to investigate the matter.

Referring to the Nishwa inquiry report by the commission, they said it was mind-boggling to see that the medical establishment had been laid off with just a nominal penalty despite 95 nurses at Darul Sehat Hospital having been found to be unregistered and unqualified.

They further said that the commission was responsible for ensuring quality services at the hospitals registered with it and for taking action against those involved in negligence, but it only visited the Darul Sehat Hospital when it was forced to do so by the unfortunate circumstances of Nishwa’s case. Besides, they alleged that the report of the commission showed how it protected the healthcare facilities and establishments and only staff were made the scapegoat.

Citing the federal and provincial health ministries, the PMDC and the SHCC as respondents, the court was requested to direct the respondents to implement the act and other prevalent laws in letter and spirit.

They requested the court to direct the government to carry out a third-party evaluation through an independent performance/clinical audit of healthcare establishments per the act and seal/shut down unlicensed healthcare establishments.

The petitioners also sought the framing of standard operating procedures in line with internationally recognised medical practices and with the World Health Organisation guidelines and cancel/revoke/terminate the licences of medical establishments which had been found guilty of medical negligence.

The provincial law officer informed that court that the SHCC law was in field which had to be implemented by the SHCC. A division bench headed by Justice Mohammad Ali Mazhar directed the provincial law officer to call the CEO of the SHCC for the assistance of the court and adjourned the hearing till September 10.