Exposing Medical Negligence: Root Causes, Preventive Measures, and Effective Solutions

Abstract

Our right to health is obviously violated by medical carelessness, which is committed by professionals who are duty bound to protect our health when it is in a risk position. It is a common phenomenon in Bangladesh which significantly threatening patient safety and diminishing public confidence in the healthcare system. Many developed countries in the world improved their health system by introducing strong legislation and by establishing separate court system in this regard. The Constitution of the People’s Republic of Bangladesh as the supreme law of the land recognizes the right to health and medical care as a fundamental necessity for all citizens and confirms that the principal responsibility of the state is to raise the nutrition level and improve the public health. Bangladesh does not have any particular legislation on the matter has been made to protect the people's right to health. Rather, several provisions in various legislations have been made which makes confusion among the remedy seekers when their rights violated by the medical personnel. In absence of sufficient number of case legislation pertaining to medical negligence, this article attempts to find out the common Bangladeshi medical malpractice addressing few case laws, recent reports published in various newspapers and in reference to some articles published on the matter. Thereafter, the article outlines the legal remedies against medical negligence as provided under the different statutes for the time being in force, and finally, discussed the overall shortcomings of medical negligence and providing probable suggestions thereon.