Special laws to deal with the negligence of the practitioners

In the same stretch, it is deemed appropriate to hold that a case law referred on behalf of petitioners reported as Shifa International, Hospitals Ltd. through Chairman and C.E.O. v. Pakistan Medical and Dental Council (PMDC) and 3 others (2011 CLC 463) is distinguishable from the facts of this case. In the afore-mentioned case, a complaint of medical negligence was referred to PMDC for probing the conduct of doctor as is evident from the following extract:-

 “It is also established principle of law that special enactments always prevail over the general laws and in the present case, special laws to deal with the negligence of the practitioners is there and, therefore, without exhausting that remedy, no criminal proceedings can be initiated. Once it is held by the PMDC that practitioner was guilty of negligence and professional misconduct, criminal law as well as civil law can be set into motion against them.”

Used in Judgement of 
Lahore High court 
Criminal Proceedings
29246/17