PHC declares criminal proceedings in medical negligence cases unlawful

PESHAWAR, (APP - UrduPoint / Pakistan Point News - 4th May, 2026) The Peshawar High Court (PHC) on Monday issued a significant ruling on a petition filed against the Health Care Commission, declaring that direct criminal proceedings in cases of medical negligence are unlawful.

According to the court’s decision, it is mandatory to approach the Health Care Commission before initiating any legal action in such matters.

The court emphasized that determining medical negligence is a technical issue that requires professional expertise and cannot be handled by the police or ordinary courts.

The High Court also set aside an inquiry order issued against a female gynecologist, stating that in the presence of a special law, general criminal law cannot be invoked.

Furthermore, the court directed the Health Care Commission to examine complaints on merit and not reject them solely on the grounds of limitation.