Medical negligence and legal advice to improve the situation in Bangladesh
Al Mustashim Nobi Niku: In our country, medical negligence and misconduct are very common. So we need to know about it and the legal remedies that exist in our legal system. Medical negligence occurs when a medical professional fails to provide an acceptable standard of medical care and results in injury or harm to the patient. Misconduct is when a patient is injured in a hospital or by a doctor or other healthcare professionals due to negligence or neglect of duty. The issue of negligence and misconduct is happening not only through doctors but also through hospitals and other healthcare professionals. Here are just a few examples:
Surgical Errors or Negligence during Surgery– Patients and their relatives often complain about medical negligence in the operation theatre. Negligence during surgery can cause serious damage and even death within minutes.
Pregnancy and Gynaecological Injuries– Gynaecological care is given to women during pregnancy. This is for a more serious medical procedure like a regular cervical smear test or hysterectomy. In this case, mistakes are made during treatment due to negligence which results in health problems for women for life.
Miscarriages during childbirth– Miscarriages during childbirth can lead to lifelong disability and pain in the body. The child’s seriousness for a mistake can be a major mental problem including physical or mental disability and financial pain for relatives.
Wrong medicine– Here a doctor prescribes the wrong medicine or dose for the patient or a nurse misinterprets the doctor’s report and administers the wrong medicine or dose. As a result, the patient has to face serious losses.
Infection– In a hospital or clinic medical equipment used in surgery does not disinfect properly. Infections spread through patient care are not properly cleaned and hygienic during dressing.
Delayed Diagnosis Failure or Misdiagnosis– Physicians most likely misdiagnose their patients due to a loss of attention incompetence or a lack of suitable equipment, resulting in patients being denied proper care.
Anesthesia error- Any major medical procedure requires the use of anesthesia. Which is a very dangerous and delicate procedure. Consequently, anesthesiologists are required to control and monitor patient effects. Before giving anesthesia, a physician must have a complete idea of the patient’s medical history as well as the duration of the procedure. Mistreatment of anesthesia can be life-threatening.
Lack of care by nurses– Nurses will provide the necessary care to patients to ensure that patients are well. Nurses will ensure that the patient’s health is monitored during treatment and recovery.
Wrong-site surgery-Wrong-site surgery is another type of surgical error that occurs frequently in the daily operations of our doctors.
These are common medical negligence and misconduct that happens every day in our medical profession and even though the general public suffers and the general public is deprived of any legal solution as a result of not knowing about the legal system. So now I will discuss the issue of the legal solution to make the people legally aware of this issue. Our country has certain statutory provisions for the protection of our health services. The provisions and related laws are-
- The constitution of Bangladesh
- The Penal Code, 1860
- The Bangladesh Medical and Dental Council Act, 2010
- The Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982
- The Consumer Protection Act, 2009
- The remedy under Tort Law
Legal advice under the Constitution
There are no specific measures to protect our healthcare. Part II of our Constitution contains the “Fundamental Principles of State policy” where Article 15 mentions medical care as a basic requirement and Article 18 mentions public health and mortality and where the state shall consider increasing nutritional levels and improving public health. Part III of the fundamental rights refers to the protection of our right to life under Article 32. If a patient’s life is threatened by a hospital or doctor or healthcare or any kind of negligence or intentional harm is inflicted on a patient’s life the victim may go to the High Court to protect the fundamental right. Because Article 44 provides power for victims to file a writ petition under Article 102 to protect their rights.
Legal advice under the Penal Code
Criminal charges can be filed against doctors for offenses punishable under sections 336, 337, and 338 of the Penal Code. There are allegations of negligence in medical services by the physician which results in loss of life or death of the patient. But Sections 80 and 88 of the Penal Code protect doctors accused of criminal liability.
Legal advice under the Bangladesh Medical and Dental Council Act, 2010
There are certain codes of conduct prescribed by the authorized authority under Section 5 (22) of this Act. If the registered doctor violates it then the registration or license as a practitioner can be revoked under Section 23 of the Bangladesh Medical and Dental Council (BMDC).
Legal advice under the Medical Practice and Private Clinics and Laboratories (Control) Ordinance, 1982
Section 9 of the Act stipulates that registered medical practitioners and nurses must be present in private clinics. Otherwise, the authorities will take action against the owner of the private clinic. Which has been mentioned in sections 13 and 14.
Legal advice under the Consumer Protection Act, 2009
The patient pays the hospital or clinic for health services as a consumer. Thus, hospitals and clinics are fully responsible for upholding this right. Hospitals, clinic authorities, or owners will also be liable under this Act for any kind of negligence or misconduct in this right under Section 53 of this Act. Hospital or clinic authority shall be liable as a criminal offense for breach and violation of the patient’s health services. The offender will be sentenced to 3 years imprisonment or a fine both and the victim under section 66is also entitled to seek civil remedy from that authority under this Act.
Under the Consumer Protection Act 2009, if the hospital or clinic violates any rights of the patient or violates any law and does not protect the patient’s health care then the owner or the authority will be liable for criminal punishment or civil remedies under this Act.
Lastly, my legal suggestion will under the Tort law
Under tort law, 4 elements have to prove negligence. Elements are-
- Duty of care
- Breach of duty
- Causation
- Harm/ Damage/ Injury
The defendant will be held liable under Tort law if the plaintiff can prove these four elements. As a result, the owner of a private hospital or clinic, as well as a registered professional doctor, will be liable for negligence or misconduct in their profession under this tort law.
In the present situation, negligence and misconduct of doctors, hospitals, and clinics are very common in Bangladesh. Therefore, it is important to know about legal advice on such negligence and misconduct. I hope that the legal aspects of Bangladesh have been fully mentioned in my discussion.
The writer is an Apprentice Lawyer
