Although the draft of a proposed law to check medical negligence and ensure proper health facilities for the people has been gathering dust in the offices concerned for years, now the comprehensive law is on the anvil.
The government has taken an initiative to formulate ‘Health Protection Act’ aimed at improving health services in hospitals across the country. The Law Commission has prepared the draft of the proposed law.
The draft was sent to the Ministry of Health and Family Welfare a few years back, but it was left on the shelf. The commission revised the draft law and sent it to the ministry again in February this year. However, ‘Health Protection Act’ was not passed in parliament.
“Although research was done on the proposed law and the draft of Health Protection Act was ready, so far, I have understood that the bill was not sent to Cabinet Division for bureaucratic indecision,” MA Akmall Hossain Azad, senior secretary of Health Services Division of the Ministry of Health and Family Welfare.
The interim government, led by Dr Muhammad Yunus, has taken steps to enact a comprehensive law in this regard. The Ministry of Health and Family Welfare has initiated theprocedure of enactment of a law on health protection.
The ministry is going to send the draft of the proposed health protection law to Cabinet Division for its approval. It is learnt that the draft is likely to be placed in the cabinet meeting on Monday for its approval.
Akmall Hossain Azad said the draft of Health Protection Bill will be sent to Cabinet Division by Sunday (today). “Cabinet Division has the right to change the bill. If they want, they can send it back to us. I took charge last month and we are sending the draft of the proposed law to Cabinet Division within a month after taking charge,” he added.
Incidents of medical negligence are on the rise in the country. Sometimes patients die in hospital for wrong treatment or negligence. Medical negligence has become a regular phenomenon at the health facilities due to lack of an effective law, said experts.
Although medical negligence is a much-talked about issue in the country, there is no comprehensive law yet to prevent it. Lack of effective law and proper way of taking legal action often lead to chaos.
A comprehensive law defining medical negligence and setting compensation standards is vital for preventing medical negligence and curbing any untoward incidents. Against this backdrop, experts said that the move of the government to make a law in this regard is positive.
Advocate Mujahidul Islam Shahin, a Supreme Court lawyer and an assistant attorney general, said that healthcare professionals will come under accountability after enactment of the proposed law. Although no there is no chance to pass any law in the Parliament, the President can promulgate an ordinance in this regard, considering the importance of the matter.
Although the ‘Consumers’ Right Protection Act 2009’, ‘Bangladesh Medical and Dental Council Act 2010’ and ‘The Penal Code 1860’ provide for some remedies, victims are not seen to complain in line with these laws. Even then, some victims go to the High Court for remedies. Some victims file cases against health professionals under the provisions of the Penal Code.
The draft of the proposed ‘Healthcare Act’ incorporated 65 clauses. There are 14 sections in the draft law. The proposed law defines various types of negligence by doctors, paramedics and medical institutions. Besides, there are several provisions in the draft law according to the nature of negligence.
