Jagannath University, DhakaFaculty of law

Course name: Medical LawCourse code: 2204

Assignment topic: Medical Negligence

Submitted to Shafiqur Rahman Khan Lecturer Faculty of law

Jagannath University, Dhaka

Submitted by Md. Shafikul Islam Roll - 111221 3rd year, 1st semester

Jagannath University, Dhaka

Submission Date24-02-2013

Acknowledgement

First, I would like to express our gratitude to Almighty Allah to give me the strength and

patience to complete this Assignment successfully. I would like to thank especially to our

supervisor Shafiqur Rahman khan, Lecturer, faculty of Law, Jagannath University who has

given me valuable suggestion and inspiration to complete this work.

I must thank for the cooperation of my friends who assisted me in many other ways. For the

purpose of completing my assignment I used the internet and helped from doctor and group

discussion. So I express my sincere gratitude and thanks to all for helping me in the case of

preparing this assignment.

With Respect

Md. Shafikul Islam

3rd Year 1stSemester

Roll: 111221

Faculty of Law

Jagannath University, Dhaka

CONTENTS

1. Introduction ……………………………………………………………………………………………………………………….4 1.1Priliminary part 1.2 Strategy

2. Definition of medical negligence ……………………………………………………………………………………….5

3. Medical negligence………………………………………………………………………………………………………..……5 A. Medical negligence done by the Doctor and clerkB. Medical negligence done by the institution

5. Types of malpractice negligence …………………………………………………………………………………..……7

6. Effect of medical negligence……………………………………………………………………………………………….8

7. Why these crimes are increasing day by day ……………………………………………………….……………..8

8. Law regarding of medical negligence ……………………………………………………………..…………………..9

9. Reality in Dhaka………………………………………………………………………………………………………………..11

10. Reality in Other Division………………………………………………………………………………….……………….12

11. Medical Negligence and Human Right…………………………………………………………………………….12

12. Problems of implementing laws on Medical negligence………………………………..…………….13-16

13. Instruction…………………………………………………………………………………………………………………..17-19 1. Instruction for doctor 2. Instruction for patient

15. Concluding study……………………………………………………………………………………………………………19

Introduction

Medical negligence is the act of negligence executed by a medical practitioner. This act of negligence is endowed with lawful allegations against the practice of the medical practitioner, as it usually results in some damage to the patient. A patient conventionally has a lot of confidence when he visits a physician for his health. In case of injuries and illnesses, the diligentattitude and professional skills of the practitioner are expected to come forth with accurate handling of delicate health-related matters. However, if the result is disastrous, the consequences emerge only under the horizon of annihilation. The profession, experience and practice of a medical practitioner fall under serious threat. Hence, when any patient faces any health-related damage due to a negligent act on the part of the practitioner, it is mandatory forthe patient to allege the medical practitioner with the responsibility of medical malpractice. The law of the state should have some compensation plans that the solicitor may guide the victim with, in order to deal with the damage in the long run. The negligence act is not only about not being attentive enough; it is inclusive of wrong diagnosis, inaccurate treatment, substandard medication, patient management by the faculty, as all this might end in a disastrous future for the patient. Therefore, if such a despair situation arises, it is essential for the victim to file a legal case of medical negligence against the medical practitioner.

What should the medical practitioner have done to be alleged for a legal case? Apart from threatening and diminishing the future prospects of the well being of a person, the medical practitioner should have deviated from the conventional norms related to a professional field like medical where it is not just health and treatment, but also concern, faith and trust. It is the faith in the medical field that inattentive medical practitioners with their medical malpractice instigate. If the victim had been receiving treatment as a patient from a hospital, the hospital staffs, management and administration can be sued for providing the patient with inappropriate and hazardous medication and care. This is more of a social duty for the patient to file for a legal case against medical malpractice, so that in the future, all the medical practitioners, clinics and hospitals are attentive in providing all the patients with high standard care and treatment. All laws designed for medical negligence in particular are meant to be taken benefit of by all the patients who tend to suffer from medical negligence since these have been derived as a compensation plan under legal contemplation. It is important to consult a solicitor who will legally and formally guide you to file for a medical negligence compensation grant.

Preliminary part

A. Aim : The main aims are to investigate how medical negligence are committed the in medical profession, what are the laws regarding this and whether these laws are enough or not .Besides to highlight the present condition medical negligence in Bangladesh.

B. Purpose: The purpose of this study are as follow

a. To clear the concept of medical negligence.

b .To investigate why these crime are occurring in this profession.

c. To analyze the laws related to white collar crime in medical profession

d. To make recommendation and draw the solution of this hated crimes.

Strategy

This assignment was based on medical hospitals, private chamber of doctors, medicinecompanies etc. around the Bangladesh. Besides this also includes the world perspective ofmedical negligence in medical profession. Here I tried my level best to highlight what are theresponsibilities of doctors, what are the rights of patient, and how a patient is deprived of hisright.

Definition of medical negligence

Medical negligence is an alternative term for medical malpractice. These terms refer to medical care that is tarnished by a negligent act or omission by a medical professional or facility which results in injury. When instances of medical malpractice arise, the injured party is often able to take legal action. Such cases are commonly considered to be an area of personal injury law. In many jurisdictions, people are legally entitled to receive a certain standard of medical care. In such cases, negligence generally arises when medical professionals do not adhere to those standards. This can occur as a result of irresponsible or erroneous actions or as a result of actions that should have been taken but were not. Inadequate skill, care, or speed can be cause for medical negligence claims. Any person, including doctors, nurses, or specialists, who assumes any part of the responsibility for a patient's medical care can be held liable for medicalnegligence. Those professionals who provide psychological care are also responsible for the well-being of patients and could be charged with malpractice. Medical facilities play a role in patient care and they too can be charged.

Medical negligence

A. Medical negligence done by the doctors and clerk

Medical negligence is defined as the absence of reasonable care and skill, or willfulnegligence of a medical professional in the treatment of a patient, which causes bodilyinjury or death of the patient. Besides it means lack of reasonable care and skill, orwillful negligence of a medical practitioner in the treatment of a patient, thereby thehealth or life of the patient is endangered. The following are the professional negligenceActually medical negligence is done by two parties one is doctor and another isinstitution. Now I am going to describe the medical negligence done by the doctor orclerk.

a) Failure to obtain informed consentb) Failure to examine patient himselfc) Making a wrong diagnosis, due to absence of skill or cared) Negligent management of procedurese) Not ordering X-ray examination where the history suggests the possibility of afracture or dislocation or presence of a foreign body in a wound.f) Not reading the X-ray film correctly.

g) Failure to provide a substitute during his absenceh) Failure to give proper post-operative carei) Prematurely discharging the patient

Gross negligence:

which causes criminal crime in medical profession? a) Leaving instruments, tubes, sponges or swabs in abdomen b) Amputation of wrong finger of operation on wrong limb or wrong patient c) Gross mismanagement of the delivery of woman especially by a doctor under theinfluence of drinks or drugs d) Administration of a wrong substance into the eye causing loss of vision

Condition to be fulfilled for negligence done by the doctor Liabilities of negligence arises if the following 4 conditions are satisfied firstly, the existence of aduty of care by the doctor. Secondly failure on the part of the doctor to maintain applicable ofcare and skill. Thirdly the failure to exercise a duty of care must lead to damage. And at last thedamage must be of a type that would have been foreseen by a reasonable physician

A) Negligence done by the intuitions.

Institutional negligence is defined as absence of reasonable care and skill, or willful negligenceof a medical authority in the treatment or test of a patient, which causes bodily a lot ofsufferings to the patient. The examples of institutional negligence are as follow

a) Test report: Sometimes the medical authority makes the test report negligently orvery hurriedly and as a result they provide wrong information to the doctor and thendoctor prescribe medicine as per the report which causes a great misery to thepatient.

b) Diagnosis: Making a wrong diagnosis, due to absence of skill or carec) Discloser of professional secrecy: Discloser of professional secrecy except in case of

court of law, modifiable disease and privileged communications by the medicalauthority.

d) Fake and misleading advertisement: This is yet another area in which the whitecriminals operate. They make illegal and misleading claims of medical cure throughadvertisement in newspaper, magazines, radio and television etc. thus adding tohuman misery.

e) Violating the provision of drug act by the authority.

Types of Medical Malpractice Negligence

Medical malpractice can be caused by many different types of negligence. Anything from simplehuman error to gross negligence can cause significant harm to a patient. Even the smallest mistakes made by doctors or health care professionals can have life-altering effects for their patients and their families. In many cases these mistakes can even lead to death.

Medical negligence occurs when medical professionals fail to use reasonable care, or act in a way that results in damage, injury, harm, or loss to another. Some of the most common types ofnegligence that can lead to a medical malpractice case include:

Human error malpractice Accident malpractice Gross negligence malpractice Treatment Errors Prescription drug errors or medication errors Failure to conduct proper testing Failure to treat or erroneous treatment Failure to diagnose or erroneous diagnosis Substandard care, substandard treatment, or substandard surgery Unauthorized treatment or lack of informed consent Guaranteed results or guaranteed prognosis Breaches of doctor-patient confidentiality Vicarious liability

A common misconception is that medical malpractice only pertains to physicians or surgeons. This is not true. Any medical professional charged with treating or caring for you can commit malpractice. Medical malpractice or negligence can come at the hands of nurses, medical

assistants, anesthesiologists, radiologists, dentists, and many others. Also, it is important to understand that malpractice is not only limited to hospitals or doctor’s offices. You may becomea victim of medical negligence in any health-care setting.

If you believe that you have experienced medical negligence in any of these situations, you may have a medical malpractice case.

Hospital Doctor's office Emergency room Regular checkup Surgical procedure Dentist's office Pharmacy Or any other medical specialist

Negligence can be very difficult to demonstrate which is why a negligence lawyer is crucial in helping pursue a successful medical malpractice personal injury claim. The Sweeney Law Firm handles all types of cases related to medical malpractice and medical negligence.

At Sweeney Law Firm, the initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no reason to hesitate. You may have a valid claim and be entitled to monetary compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. Have your Indiana Medical Malpractice Case reviewed today.

Effect of medical negligence.

Sutherland pointed out that a white collar criminal is more dangerous to society than ordinarycriminals such as terror, burglar, thief etc. For example suppose X is a robber or a terror and hekidnaps people or kills them. Here all people know that robbery or terrorism is crime and thereare effective programs for the enforcement of criminal law against X, but in case of white collarcriminals (doctors) most people cannot understand that they are greatly hampered by them.They are by their very nature cause a great damage to the whole society. Bearnes and Teetersquoted lord Acton who said power tends to corrupt and absolute power tends to corruptabsolutely. As doctors are powerful group so day by they are committing a lot of crimes.

Why these crime are occurring

There are many reasons for increasing the white collar crimes in Bangladesh such as

1. Lack of morality: We know that there is a proverb “ White collar crimes are donenot for need but for greed”. So we can say that lack of morality is mainlyresponsible for increasing the white collar crimes in the medical profession ofBangladesh. During my survey 85% people said that these professionals shouldbe religious and whatever their religion. Mr. Saydur Rahman told me that everypeople must be religious, if he belief in Hinduism then he should be practicalreligious person, if he is muslim then he should follow the real rules of islam andif we can ensure this then there will be no crime in this noble profession.

2. Lack of codified laws: This is another factor responsible for increasing crime. Weknow that there is no codified law for medical profession, as a result the victimscannot understand whether these activities are crime or not and another thing isthat most of the doctors do not think that they are doing crime

3. Reluctant of court to take case: All most all the cases the court shows itsreluctance to take the case because we know that the white collar criminal aremost powerful person of the society and they possesses a lot of money andresources. So it is very easy for them to convince the lawyer and the judge. As aresult the victims suffer from frustration and do not like to file a suit against theguilty person.

4. Ignorance of patient: It is known to all that most of the patient are ignorant ofthe crime and even they do not think they are deprived of their right. They thinkdoctor knows the best and which is done by doctor if helpful for their health.

5. Influence of medicine companies: Most of the time the agent of medicinecompanies influence the doctors and the clerks to suggest their medicine.

LAW REGARDING MEDICAL NEGLIGENCE

Though there is lack of codified laws for medical negligence but in world perspective thefollowing rules must be maintained by the doctors, clerks, and the institutions.

1) Prior consent of the patient:

Consent plays an important role in the administration of medical treatment. Beforetreatment the consent of the patient or his representative must be taken. Consent hasdual purpose; the first purpose is to protect the bodily integrity of an autonomouspatient by attaching civil or criminal liability to unwanted contact that means in absenceof consent where it was obligatory to obtain the consent of the patient. There are somecases where consent must be taken for example “Jehovah`s witness”, the tradition ofthem is that no blood or blood production can be administered at any circumstances. Soliability may attach to a doctor who overrides the patient wishes.Case: Airdale NHS Trust Vs Bland (1974)Held: It was held that “It is a civil wrong and may be a criminal crime to impose medicaltreatment to a patient of conscious and adult sound mind without his her consent.The second purpose is to provide a defense to a doctor who had consented to thecontact or for whom the appropriate lawful consent had been given Case: R Vs Arthur (1981)Held: There is no special law that places the doctors in a separate category and givesthem extra protection over the patient.

(2) Right to self –autonomy:

We know that like other countries of the world in Bangladesh a patient has the right of selfautonomy or self determination though the doctors don’t bother this. The Common lawaffirms that the absence of consent will normally constitute a trespass to the patient

Case: Schloendorff Vs Society of New York HospitalHeld: In the judgment of this case Justice Carddoja said “Every human being of adultyears and of sound mind has an absolute right to determine what shall be done in hisbody and a surgeon who performs an operation without his patients consent, commitsan assault”. Thus though a surgeon acts for the best interest of the patient and theoperation is done skillfully, carefully and successfully, he will be liable if the patient suesagainst him.Case: Collins Vs Hillock.

(3) Confidential information:

When a patient consults with a doctor about his disease, this is absolutely confidentialand the doctor must not disclose this to any other person. If he does so then he will beliable.

Law and Reality

In Bangladesh as most of the patients are ignorant about medical negligence so the scenery ofreality is very poor in Bangladesh. Most of the time doctors used to violate the rules regardingmedical negligence. Dr. Sayedul Islam an assistant professor of DMC informed me that the lawmade by Health Ministry is not maintained because which crime is occurred in this nobleprofession is not treated as crime. Most of the people of our country are not literate and are notconscious about the medical negligence. These persons may not break letter of the law but byviolating the spirit they commit crimes which are not only anti-social, but also injurious topublic health. Besides the law made by Health Ministry are not obeyed because the authorityare elected by the government and if they violates the laws Government does not take anyeffective measure to punish them as a result this profession is going to be rubbish one andpatient has lost their confidence to doctors and often they say doctors are slaughter

Reality in Dhaka

We know that most of the Government and private hospital are situated in Dhaka city and thenumber of medical negligence is more than other area in this city. The following problems areavailable in Dhaka city,1) Most of the doctors do not take the prior consent of the patient and even in case ofoperation. They think it does not fact whether patient has given his consent or not because theyknow more than the patient. But we know that no professional skill can refuse the consents ofthe patient.3) In Dhaka city another problem is that there are a lot of patient and as a result the doctorsremain busy and in order to save their time they consult more than on patient at a time and inthis way they violate the patients self –autonomy.

4) We know that there are some confidential matters which a person does not like to disclose infront of another person. Because it may be defamatory to the patient thus violates his right toprivacy.5) Most of the time in order to save their time because they have to seat in many hospitals in aday, they neglects the patient and prescribe medicine as per their wishes which sometimescauses great harm to patient. Most of the well-known hospitals are situated in Dhanmondi suchas Square Hospital. If any patient goes there, then at first they will suggest many test such as X-ray, Ultrasonograph, ECG, Blood Test, whether these are essential or not.6) Besides if any patients oppose or protest, then the doctor used to say do you know more thanme and in this way they control the patient. 7) There are some hospitals where they take blood for the patient without prior test, and if the blood does not adjust, they do not return the blood and in this way they fraud the people. Now I would like to write the survey report of different hospitals situated in Dhaka

1) I went to DMC and found most of the doctor cannot be found in their room because theyused to seat in their private chamber.

2) Again in United Hospital the clerks at first take the blood and later test whether itcompliance with the patient’s blood.

3) In Islamia General Hospital most of the doctor do not hear cordially what the problemof the patient is and suggest as their wishes.

4) At last in solimulla I found that most of the doctors do not stay in the chamber at thetime of their duty.

Reality in other Division

Most of the hospitals maintain the laws made by Health Ministry and BMA but in other Divisionof Bangladesh the doctors do not bother about white collar crimes. Actually most of the doctorsthink they not doing any crime rather they are servicing the patient. Another reason is that inrural area most of the people do not know what white collar crime is. I am from Noakhali andthere is a Government Hospital called Sadar Hospital with bed of 300 patients. I went there forseveral times and most of the times I did not find the duty doctor for the following reasons

1. Sometimes they gossip with the agent of medicine companies

2. One day I went to a doctor, and when he was testing me I saw some agents werewaiting and then they started to talk with the doctor. I was sitting for few minutesand after the contract with the agent he prescribed me.

3. Another thing is that they usually seats in another private chamber at their workinghour. As a result most of the patient suffers a lot and they cannot complain toanyone.

4. In Comilla General Hospital there is lack of necessary medicine. Borhan my yearmet live in Comilla and he informed me that the main reason for lack ofmedicine is that the concerned clerk sells this Government medicine to theirrelatives and sometimes they provide the medicine freely to their relatives.

5. Again they do not take the consent of the patient before administration of medicaltreatment.

6. Some a doctor who is not a real doctor kill patient because of their ignorance. Weknow a doctor need some nurses and assistant doctors to do an operation. The realfact is that if an assistant doctor observes some operation then he braves to do anoperation whereas the life or death is related with this operation. Another thing isthat the apprentice takes the prior consent from the main doctor. Sometimes itcauses death to the patient

The medical profession and human rights

One of the modern civilization’s achievements is the realization and dissemination of theknowledge that the rights to life, liberty and security of person are primary, inherent andinalienable to every human being, irrespective of race, nationality, economic status or otherman-made discriminations, The universal declaration of human rights article 3 of 1948 andarticle 26-47 of the Bangladesh Constitution recognize these rights as fundamental rights.

Modern human rights, born in the aftermath of the Second World War and crystallized in theuniversal declaration of human rights of 1948, reflect a broader societal approach to thecomplex problem of human well-being. Individual and collective well-being?"

Death cause dueto medical negligence (10%)

Injured caused due to medical negligence

Rate of suit

Compensation received

Scenery of medical negligence

2% 5% 2% 1%

The occurrences of death or sexual/physical abuse while a person is either in the custody of thepolice, or the inmate of a prison, often creates sociopolitical problems. There is an immediatecomplaint or rumor of ill-treatment by the relatives or the media. A meticulous autopsy /medical examination is a necessary part of the investigation needed to dispel – or sometimesconfirm – allegations that an act of commission or omission on the part of the custodians of thelaw has led to, or contributed to, a death. Further, the medical professional may be coerced totake part in the unlawful interrogation of politically inconvenient persons. There are adequateinstances in the the service by medical men of any goal but truth for the service of humanity,can lead to dishonor and crime in which the entire medical profession of a country must in thelast analysis be considered an accomplice."

Problems of Implementing Laws on Medical Negligence:

Bangladesh faces many difficulties in implementing the rights of the victims of medical

negligence. It does not have any national health rules still now. The standard of right to health

is generally determined by the rules, which act as an indicator. Where the treatment given by a

doctor falls below that standard the patient is said to have been the victim of medical

negligence. Other factors, which create hindrance in making complaints against medical

negligence, have been disused as follows:

1. Absence of Law:

As the law on negligence is uncodified in the form of statute, generally attempts are made to

give relief to the victims under the general laws. Bu these attempts have not been proved to be

effective. Criminal cases are generally filed against it under the provisions of the Penal Code

dealing with negligence or other relevant sections in this regard. But it cannot be appreciated

as a proper way. Because these provisions are applicable not only in the field of medicine but to

other professions also; an accident caused by the negligence of driver can even be brought

within these sections. In fact in Bangladesh most of the cases under these sections are filed

against driver’s negligence. The main problem of proceeding under this section is that they say

nothing about the principles as to how duty of care should be determined, what is standard of

care and how damage should be proved. These are the subjects of the law of torts. But there is

no codified law on this subjects in Bangladesh, and this law has not been developed here by

judicial decisions. So victims cannot claim remedy under this law from a civil court.

2. Higher Court Fee:

To impose penalty upon a guilty doctor is not sufficient to satisfy the victim. He should be paid

compensation for the injury caused to him by negligence. It requires a suit to be filed before a

civil court, which involves high court fee. So it is very difficult especially for the poor litigants to

bear the expenses of such a suit by paying the court fee.

3. Complex Process of the Court:

The process of the court is dilatory, complex, and costly. It makes individual safeguards and

remedies inaccessible to people. They prefer to take no step in many cases even though they

have suffered injury. Because coming before the court to get relieves may cause to them a

further pain.

4. Difficulties Regarding Proof of negligence:

It is very difficult to prove a case of medical negligence owing to following reasons:

(i) Due to the technicality of medical issues a doctor is required to prove the negligence of

another doctor against whom a charge for negligence has been brought.

The doctors generally do not give testimony against his fellow doctor. The court has to face

trouble in proving a case because of the non-cooperation of such witnesses.

(ii) Every patient does have a right to know about the steps taken by the doctor for his treatment

and the doctor is under an obligation to provide such information. This right of the patient is

recognized in all civilized countries. But in Bangladesh the patients are not served with any

document containing such information except birth or death certificate and discharge

certificate etc. In the absence of the necessary documents, it becomes very difficult to prove a

case of negligence.

5. Incompetent Judges and Medical Regulatory Bodies:

Because of the technical nature of medical issues, the judges may not be considered as

competent persons and to decide what is reasonable and what is not in particular case. A

probable solution to this problem is to allocate this function to medical experts and regulatory

bodies who are more equipped to handle the subtleties of medicine as a profession, 79 But in

Bangladesh these regulatory bodies do not pay such a role, which is generally expected from

them.

6. Inactive Medical Regulatory Bodies:

Bangladesh Medical and Dental Council is the only authority to regulate and control the

professional conduct of the doctor and to take appropriate actions in the case of the

negligence. But the actions taken by the Council are very few. 80 The people even do not know

about the existence of such a body, where they may complaint regarding negligence of doctor.

As a result it has become an inactive organization. Another problem is that the BMDC is subject

to some limitations while exercising disciplinary function. it cannot always take action against a

doctor who has committed negligence. Because its jurisdiction is limited to the doctors who are

practicing privately or who are the employees of private clinics. If the doctors act under a

hospital authority, the council has nothing to do with the doctor and the hospital. In such a

case Director General of Health or Health Ministry can take action, They rarely exercise their

function in this regard

7. Commercialization of Medicine:

There is a growing commercialization of medicine what with quid pro quo deals between

physicians and diagnostic center. Private clinics have become a very profitable business and

many people who do not have any connection with medicine are the owners of such clinics.

These are not well equipped. Low paid junior doctors; untrained nurses, lack of emergency

machines etc. are the main treature of these clinics. These factors facilitate medical negligence

to a large extent. The patients coming to these institutes have to suffer bitterly instead of

getting proper treatment.

8. Absence of Consumer Protection Law:

The costly slow and complex process of the court discourages the people to have resort to the

ordinary courts. It requires a system to be introduced which would enable the victims to have

an easy access to justice, which would be more flexible, free of cost and quick in service. A

forum established under an Act like Consumer protection Act can give such a remedy. But

unfortunately Bangladesh does not have adopted such a comprehensive Consumer Protection

Law still now.

9. Lack of Awareness of the People:

In Bangladesh most of the people are illiterate, who are totally ignorant of the right to make

complaint against medical negligence. Even the educated people are not familiar with this

terminology. As a result, the steps taken either by the court or by medical regulatory bodies in

this regard are rarely found.

Instructions for Doctors

1) Doctor should take prior consent from the patient before any kind of medical administration.

2) They should ensure the right to self-determination of every patient3) Autonomy of the patient must be protected4) They should be morally developed their character so that no patient do not suffer from5) They should not supply medicine which is tested in lab 6) They should not take extra charge from the patients.7) Sometimes they get many facilities from different types of medicine companies and in

exchange of this they prescribe their medicine which is very bad in quality.8) We know that abortion is prohibited in Bangladesh, so they should obey this.

Instructions for clerks connected with medical profession

I think the following guidelines should be followed by clerks connected with medical profession and if they follow these rules then it will be possible for us to decrease the white collar crime in medical profession.1) No clerk should sell the Government medicine2) They should not publish any false advertisement.3) They should not help the dacoits to get medical treatment4) Sometimes they take extra money from the patients to give their serial illegally; this bad

culture should be removed from the society.5) They must have in their duty during the working hour.

Concluding study

At the end of my assignment I can state that the prime objects of this paper are to undertakestock of the laws that are in practice in Bangladesh, to guide the healthcare service providersand users, policy formulators and legislators. Towards these objects the researcher hasundertaken detailed literature survey, discussed in groups with practicing doctors specializingin Healthcare Administration, attended   seminers and for latest data searched throughappropriate internet addresses. The researcher has addressed the Healthcare Rightsunder  Bangladesh Constitution, Laws for Medical Negligence & Legal Remedies, Health Policy,Consumer Rights Protection Ordinance, 2007, and a number of relevant sues and finally, madea number of recommendations to comply with the original research objectives.

 Major recommendations are to protect the patients from malpractice of the healthprofessionals and hospitals; the government must take criminal action againstunauthorized medical practitioners; wider introduction of Legal-Aid; health service users – themembers of public are needed to participate to achieve the constitutional goals and objective of‘Health Care for All’; make wider  publicity that the patients have legal rights as consumers toclaim for injurious damages to their health made by the doctors and hospitals; Governmentmust make available the minimum infrastructure and life- saving drugs at every hospital ordispensary, particularly in villages, to respect and abide by the Code of Conduct of the BMDCand of course the government must give due recognition to ‘right to health care to comply with

citizens’ fundamental right’. The researcher concluded the paper with statement  Bangladeshmust have its own Modernization program ‘for the application of appropriate knowledge,technology and management which constantly evolve by new innovations to achieve thenational economic, social and political development goals in the midst ofchanging environment’; to help and support preparing an effective Road Map for a “HealthyBangladesh”.

Reference

1. Internet 2. Dhaka national hospitals 3.