The Sindh Healthcare Commission Act, 2013 (the SHCC Act) was enacted with the object and purpose of establishing the Sindh Healthcare Commission (the Commission), i.e., an autonomous body corporate that serves to manage and maintain the standard of healthcare services and hinder dishonest practices among medical professionals in Sindh.[1] The SHCC Act applies to all healthcare institutions, including both public and private hospitals, non-profit organizations, charity-based hospitals, trust-operated hospitals, as well as semi-governmental and autonomous healthcare entities.[2]

The SHCC Act defines “Medical Negligence” as a case where a patient sustains injury or dies as a result of improper treatment in a healthcare establishment, as determined on the basis of a medical autopsy report.[3] The SHCC Act empowers the Commission to suspend the licenses of healthcare establishments in Sindh in the event that repeated instances of medical negligence have been proved against them.[4] The SHCC Act provides for two scenarios where the Commission may determine that a healthcare service provider has committed medical negligence i.e., (i) the concerned healthcare establishment lacks the necessary human resources and equipment which it claims to possess; and (ii) any of the concerned healthcare establishment’s employees fail to exercise minimum service delivery standards prescribed by the government.[5] The SHCC Act provides a safeguard to medical practitioners whose patients may face injury or death in the proper course of their work by clearly stipulating that the recognized and known complications of a medical or surgical treatment are not considered medical negligence.[6]

The SHCC Act empowers the Commission to investigate instances of maladministration, malpractice, and failures in the provision of healthcare services and issue advice and orders with respect to the same.[7] The SHCC Act also empowers the Commission to investigate allegations of malpractice or maladministration on the part of healthcare service providers and their employees.[8] It is crucial to note that the SHCC Act does not provide a definition for “Malpractice”. Rather, the statute’s plain language suggests that “Malpractice” and “Maladministration” are causes of “Medical Negligence”.

The SHCC Act provides for four cases where the Commission may conduct an investigation into allegations of maladministration and malpractice. These are: (i) when an aggrieved person renders a complaint to the Commission; (ii) when an aggrieved healthcare service provider renders a complaint to the Commission; (iii) when a government or provincial assembly of Sindh makes a reference to the Commission; or (iv) when Supreme Court or the Sindh High Court makes such a motion during the course of any proceeding.[9] Under the provisions of the SHCC Act, the Commission is empowered to constitute an inspection team composed of duly qualified experts in the relevant field, who shall carry out assessments within the parameters prescribed by the Commission.[10] The SHCC Act mandates this inspection team to examine instances of maladministration, professional misconduct, or lapses in healthcare service provision.[11]

Remedies available to patients/victims of medical malpractice.

A person aggrieved by maladministration or malpractice may render a complaint to the Commission under Section 4 (6) (a) of the SHCC Act. The SHCC Act furnishes the Commission with the powers of a civil court under the Code of Civil Procedure, 1908, with respect to summoning and examining individuals,........

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