Between April 2, 2014, and November 1, 2024, complaints have been registered against 147 doctors. Out of these, 51 complaints have been resolved; 20 were withdrawn by the complainants.
In 31 cases, the allegations against the doctors were proven true. The registration of 16 doctors was suspended for varying periods, and one doctor’s registration was permanently canceled. As a result of proven allegations, 18% of doctors received a warning notice, and 10% were reprimanded. On the other hand, 39% of the doctors were cleared of the charges after the allegations were found to be unsubstantiated.
Experts say that despite allegations of negligence or medical errors, there is a lack of exemplary punishment, long delays in resolving cases, and some flaws in the law. Even though there are continuous reports of patient deaths due to medical malpractice, effective remedies are rare. Therefore, the implementation of a patient protection law has become urgent.
- The Healthcare and Safety Act was not drafted five times in 9 years
- 78% of complaints pending in BMDC
- Allegations of patient's death in Green Life last Saturday
- Registrar blames BMDC's lack of capacity
Considering these issues, efforts have been ongoing since 2015 to create a law for health services and protection. During the previous government, drafts were prepared four times, but they were never completed. After the current interim government took charge, a draft of the “Health Services and Protection Ordinance, 2024” was published on the website for public opinion. On November 13, the Ministry’s Deputy Secretary, Umme Habiba, confirmed in a letter that the draft ordinance had been posted on the website.
Experts argue that, like the previous drafts, this one also fails to clearly specify certain issues. Additionally, the government has recently formed a commission to reform the health sector, and experts believe that the ordinance should be based on the commission's recommendations.
Supreme Court lawyer Khurshid Alam Khan says that proving negligence or medical malpractice is very difficult. Furthermore, due to the strong influence of doctors' associations, actions are rarely taken against them. One doctor does not want to testify against another, which leads to problems. As a result, thousands of cases are pending due to the lack of doctors' testimonies.
Dr. Faizul Hakim, convener of the People's Health Struggle Committee, says that it is essential to have a law for the protection of both patients and doctors. The law should specify where a patient can seek remedy if they are harmed due to a doctor's negligence. Most complaints of medical malpractice are from private hospitals, but the Health Directorate’s oversight in these hospitals seems lacking. The law that is about to be passed for health protection should be made more relevant and up-to-date.
Dr. A. Z. M. Zahid Hossain, a permanent member of the BNP’s Standing Committee, says that it is crucial to create a legal framework for the protection of both patients and doctors. However, he feels that neither the Awami League nor the interim government is giving it the importance it deserves. He adds, "As a representative or party leader of doctors, my advice is that the public pays for medical services with their money. They have the right to seek justice for medical errors or negligence. However, a legal framework has not yet been created for this. Complaints to BMDC and the Health Directorate take a long time to resolve. Patients die due to the incompetence, mistakes, or negligence of doctors. However, under the current system, justice is not accessible to ordinary people, and doctors are often let off without consequences."
BMDC’s Acting Registrar, Dr. Liakat Hossain, says, “The BMDC lacks capacity. We don’t have enough staff to meet the demand. Even if we want to, it’s not possible to resolve complaints quickly. Compared to other countries, our BMDC’s structure is weak.” Regarding the delays in resolving complaints, he states, “Many complaints of medical malpractice are received. Each complaint is given attention. Investigations are conducted through experts, and appropriate actions are taken.”
