ISLAMABAD: The Federal Constitutional Court (FCC), during the hearing of an appeal filed by a doctor against the alleged wrong shoulder surgery performed by another doctor, issued notices to the Punjab Healthcare Commission and the surgeon concerned, seeking their responses.
A two-member bench headed by Chief Justice Amin-ud-Din Khan and comprising Justice Baqir Najafi heard the appeal on Thursday. Counsel Ehsan Khokhar appeared on behalf of Dr Talal Khurshid.
Justice Baqir Najafi inquired about the nature of the injury suffered by the petitioner doctor. The counsel informed the court that his shoulder had been severely damaged in an accident. He stated that a medical board had reported that, after the incorrect surgery carried out in Pakistan, no further treatment was possible within the country. Subsequently, the Punjab government released funds, after which the doctor underwent another surgery abroad.
The judge observed that all subordinate courts had ruled against the petitioner. In response, the counsel argued that under the Punjab Healthcare Commission law, a complaint must be filed within 60 days of the surgery. He said the appeals were dismissed on this technical ground and the case was never heard on merit.
He further stated that the incorrect surgery on Dr Talal Khurshid had taken place in 2018, while local and foreign doctors finally determined in 2021 that the surgery had indeed been performed incorrectly. As soon as this was established, the matter was immediately taken to the Healthcare Commission.
The counsel added that all medical reports and relevant documents had been attached with the appeal.
Later, the court issued notices to the parties and adjourned further hearing of the case for date-in-office (Indefinite period).
