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Letters to the Editor

Medical negligence and legal loopholes

February 27, 2024 00:00:00


Allegations of patients' death or harm due to medical negligence are not uncommon in our country. Recently, another child died during a circumcision procedure at JS Diagnostic Centre in Malibagh, following a similar incident in another city hospital.

A fourth-grade student named Ayham from Motijheel Ideal School and College failed to regain consciousness after anesthesia administration. The child, admitted for circumcision, passed away within an hour at a medical center in Malibagh on February 20. Two doctors were promptly arrested following the incident. Relatives claim the child was meant to receive general anesthesia but received full anesthesia instead, leading to unconsciousness. The child's father alleges the doctor excessively administered anesthesia, holding the hospital authorities, including the doctors, responsible for the tragic death.

In another case on December 31, a child named Ayaan underwent circumcision surgery at United Medical College Hospital in Badda but failed to regain consciousness after anesthesia administration. Subsequently, he was transferred to United Hospital in Gulshan, where he remained on life support in the PICU for seven days until his death on January 7. These consecutive cases of negligence in routine medical procedures have sparked widespread discussion, criticism, and inquiry. Soon after, a young man named Rahib Reza passed away while undergoing treatment in the ICU at LabAid Hospital in the capital. Relatives of the patients blamed the doctors for these deaths, highlighting the growing issue of medical negligence.

Although medical negligence is a punishable offense, few examples exist of legal action and exemplary punishment against the responsible doctors in our country. Most complaints in Bangladesh end up in courts as civil or criminal cases, with doctors rarely held accountable due to the lack of an adequate legal framework. The Bangladesh Medical and Dental Council (BMDC) is responsible for ensuring doctors' conduct, but it has only disciplined 14 doctors throughout its history, with only one doctor losing their license permanently.

One of the primary reasons doctors are not effectively prosecuted for medical negligence is the legal ambiguity surrounding the offense and the lack of proper enforcement. Consequently, medical negligence continues to increase at an alarming rate. In response, the health minister emphasised that negligence from doctors and hospital authorities would not be tolerated. The state must create an environment where doctors and health workers can perform their duties freely and without fear, ensuring the safety and well-being of patients.

Md. Zillur Rahaman

Banker and Writer, Satish Sarkar Road,

Gandaria, Dhaka.

[email protected]


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