ACCOUNTABILITY IN THE HEALTH SECTOR: LEGAL REMEDIES FOR MEDICAL NEGLIGENCE IN PAKISTAN

Abstract

The health system in Pakistan has long been grappling with issues of accountability, with patients being the biggest victims. Yes, there are laws, and regulatory bodies are supposed to oversee, but neither has had a big impact. Enforcement, at best, is highly inconsistent; there take too long to access the courts; and the average man or woman is not even that familiar with what can be done if things go wrong. When individuals do make an attempt to rise up, it's made very hard. There's a need for actual communication between the hospital, the court, and regulators, as opposed to just bouncing the issue off one another. And the complaints procedure must be understandable even to a layman. Here, the introduction of dedicated medical tribunals would make a big difference. Now, cases that take years could be taken care of by individuals who are conversant with both the medical and legal aspects. That will keep so many families from simply giving up halfway through. There needs to be a change of attitude in hospitals as well. The environment is safer by default when doctors and administrators are truly dedicated to reporting errors, taking lessons from that and keeping themselves accountable. Such a culture won't come by itself. This should be developed intentionally and sustained over time. None of this can be accomplished without informing patients. Individuals should be aware of their rights and what they should do if their rights are infringed. But things like awareness campaigns, community education and accessible information are more important than they are given credit for. Combine that with monitoring systems that are similar in all of the provinces, and you begin to create something that works for everyone, not just those who are in the right place, connected to the right people.