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

Our right to health is 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 that significantly threatens patient safety and diminishes 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 systems 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 that has been made to protect the people's right to health. Rather, several provisions in various legislations have been made which causes confusion among the remedy seekers when their rights are violated by the medical personnel. In the absence of a sufficient number of case legislation of medical negligence, this article attempts to find out the common Bangladeshi medical malpractice by addressing a few case laws, recent reports published in various newspapers, and about 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, discusses the overall shortcomings of medical negligence and provides probable suggestions thereon.