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22

Medical negligence

Act: Balochistan Healthcare Commission Act 2019

Section Provisions

ACT XII OF 2019 ACT XII OF 2019 BALOCHISTAN HEALTHCARE COMMISSION ACT, 2019 An Act to improve quality of healthcare services and ban quackery in all its forms and manifestations in Balochistan [Gazette of Balochistan Extraordinary, 16th December, 2019] No. PAB / Legis; V(10) / 2019, dated 16.12.2019.---The Balochistan Health Care Commission Bill 2019 Bill No. 10 of 2019 having been passed by the Provincial Assembly of Balochistan on 18th November, 2019 and assented to by the Governor Balochistan, on 10th December, 2019 is hereby published as an Act of the Balochitsan Provincial Assembly. Preamble.---WHEREAS, it is expedient to make provisions for the improvement of quality of healthcare services, clinical governance and to ban medical or health quackery in all its forms and manifestations and to provide for establishment of the Balochistan Healthcare Commission and the matters connected or ancillary thereto; It is hereby enacted as follows:- 22. Medical negligence.---(1) Subject to subsection (2), a healthcare service provider may be held guilty of medical negligence on one of the following two findings:- (a) the healthcare establishment does not have the requisite human resource, equipment and other which it professes to have possessed claimed during the submission of proforma along application for issuance of new licenses or renewal of licenses; or (b) he or any of his employee did not, in the given case, exercise with minimum service delivery standard prescribed by rules or with the competence and skill which he or his employee possessed. (2) The recognized and known complications of a medical or surgical treatment are not considered as medical negligence. (3) The fine or penalty shall be imposed on healthcare provider once found guilty after proper inspection, inquiry and investigation as prescribed by the Commission.