ISLAMABAD: President Dr Arif Alvi has directed the Islamabad Healthcare Regulatory Authority (IHRA) to issue instructions to Shifa International Hospital Islamabad to refund an amount of Rs2.9 million to the daughter of a patient who died due to the medical negligence, professional misconduct and malpractice of the doctors of the hospital.

The President also upheld the imposition of fine of Rs900,000 on hospital as maladministration and medical negligence had proved against the hospital.

Moreover Dr Alvi directed the IHRA to be more vigilant and watchful to fulfill its responsibilities.

The president issued these directions while rejecting a representation filed by IHRA against the orders of the Wafaqi Mohtasib (WM) in which the Mohtasib had held that the complainant (deceased patient’s daughter) had been discriminated against as in a similar case in the past, IHRA had not only imposed a fine on Shifa but had also issued the directions to the hospital to refund the amount in lieu of medical bills.

Upholds fine of Rs900,000 on hospital for negligence

While rejecting IHRA’s representation, the President observed that IHRA had investigated the complaints, found medical negligence and imposed fine of Rs900,000 on Shifa Hospital which had also been received by IHRA and thus medical negligence had been established against the healthcare establishment.

He further stated that IHRA did not direct the hospital to reimburse actual amount of medical bill incurred on the treatment of the complainant’s mother as per orders of the ombudsman.

In another case namely Dr. Iqtidar Mehmood Dara vs Shifa International Hospital, Islamabad, IHRA had held that “The Medical Bill should be refunded to the complainant by the hospital”.

The President held that it was an established principle that similarly placed persons should be treated alike and equal treatment to all is the hallmark Article 4 and 25 of the Constitution.

He further said that the object and purpose of the law would be fulfilled only when the complainant was provided relief for any negligence by the hospital.

“The Agency must have been more vigilant and watchful to fulfil its responsibilities,” he added.

The President further observed that the main purpose of the establishment of IHRA was “...to provide a regulatory framework to ensure provision of quality health care services, by implementing quality standards by the healthcare sector, to residents of the Islamabad Capital Territory”.

He noted that IHRA was responsible to “exercise any powers and perform any functions as may be necessary for carrying out the purposes of its Act on the instruction of the Federal Government”, and since maladministration and negligence had been established and it had not been assailed by Shifa, therefore, the orders had been rightly passed, and the representation deserved to be rejected.

As per details, Mst Farrukh Naeem Tahir (the complainant) had alleged that her mother was diagnosed with Covid-19 who died due to the negligence of the doctors of Shifa and she lodged a complaint with IHRA against the hospital and IHRA imposed a fine of Rs900,000 on the hospital for committing negligence but did not ask the hospital to refund the medical bill amounting to Rs2,979,637 as per order of the Wafaqi Mohtasib.

Thereafter, she filed a review application and requested to re-open the case and re-visit its earlier decision with the direction to IHRA to issue instructions to the hospital to refund the medical bill. The Mohtasib issued the orders in her favour, which were impugned by IHRA by filing a representation with the President.

The President rejected IHRA’s representation and ordered the refund to be paid within a week to the complainant.

Published in Dawn, January 29th, 2023