1. Introduction
1.2 Background Discussion
1. Introduction:
Health is everything; if health is lost every thing is lost. People have been achieved so many modern technology having a better life but still people are dying because of many reasons and disease is one of the main reason .and another reason is making the percentage of death higher and that is the medical negligence which most of the time done by the doctors. Because with the immense of striation in technology health care has emerged as a profitable sector .The doctors get to spend less and less time with their patients .Owing tolack of time of the doctors to communicate adequate to the patients, the sufferings of the coming to the doctors instead of being mitigated began to be increased; consequently the patients dissatisfied is on the rise.1 Causing damage to a patient by a doctor in this way is called negligence. In western world the laws relating to negligence is very strong ;the patient enjoy the right to fair treatment as it is tried in court.2 Though rare the doctor in the USA have been put to jail for criminal negligence leading to death of patient in the recent years.3 Inspired by the decision of English and American courts, medical jurisprudence is rapidly developing in India .But Bangladesh is far behind form this practice. The incidents of medical negligence occur here frequently ,but the steps taken in this regard are very few. The main reason of it is that the people are not familiar with the terminology of medicine negligence .Negligence is mainly a subject of law of tort which has not yet been developed in Bangladesh.
.As a result the disgruntled patient s fail to have resort to legal proceedings to overcome process of the court discourages them to do to though this process.
Every person is under an obligation not to do something ,which is likely to injure others .Failure to perform the obligation gives rise to an action for negligence. As stated by Alderson Blyt Burmingham water work Co;4 negligence is the omission to do something which a reasonable man ,guided upon those considerations which ordinarily regulate the conduct of human affairs ,would do or doing something which a prudent and reasonable man, ,would not do. When the term professional is used with negligence it imposes some responsibility upon the person possessing professional skill ,which is distinguished form the duty owed ,by an ordinary person towards the patients properly. The object of this research paper is to find out the ways as to how remedy can be provided to the victims of medical negligence .Whether the existing laws contain any provision in this regard should also be explained .it will also make an attempt to determine whether the relieves ,given by the laws, are adequate or not.
To ascertain these purpose this paper will try to give an idea on medical negligence ,how the liability of a medical practitioner in an act for negligence is to be determined .in this regard the doctor-patient relation should be explained. This relationship give rise to the existence to the duty of care. This research paper will elaborate the concept of duty of care, under the principles of neighborhood, reasonable foresight ,and proximity. Breach of duty of care, standard of care and damage thereby caused to the patient impose liability upon a medical practitioner ,so these concepts require special consideration. The poof of negligence is a difficult task , upon which this research paper will put emphasis. As mentioned earlier , medical negligence is a subject of law of tort, which has not been developed in , so the victims have to proceed through general law of the land. The Penal Code contains though not specially on medical negligence, some provisions on negligence. The victims generally proceed for relief under these provisions. The research paper will try to highlight. The legal framework on medical negligence in Bangladesh. The victims may bring an action before an association namely the Bangladesh Medical and Dental Council instead of going to the cumbersome process of court. The role of this body in enforcing the rights of a person suffering form medical negligence should be analyzed and the present situation of medical negligence and action taken against it should be pointed out. Again the doctors cannot be held liable for all injuries caused by them. Some defenses are available to them, which will be discussed in the research paper. The enforcement of the rights of medical negligence under these provisions of the general laws to be sufficient due to some problems. The paper will try to find out these problems and their probable solutions. Some suggestions are recommended which are expected to give better protection to the sufferers of medical negligence.
It is to be mentioned here that medicine is not restricted to physician. A wide variety of health care practitioners work in this exciting field. by far the largest professional is nurses .registered nurses help physicians during examinations, treatment ,and surgery .Anesthetists administer anesthesia to patients during surgery. Licensed Dentists diagnose ,treat, and help prevent diseases of the teeth, gums and other tissues in the mouth and jaws 5.Medical negligence may, therefore be caused by the breach of duties on the part of such persons which causes damage to the patients. This research mainly done on the negligence of the physicians or doctors
1.2. Background discussion:
Right to have a good heath is an important and recognized right under domestic laws as well as international legal instruments. Broadly speaking ,right to life Article 2 of the UDHR of UN Charter also cover the right to have a good healthy. Incase of domestic label the Constitution of the People’s Republic of Bangladesh 1972 in its Article 32 states that every one shall have the right to life and this is constitutionally guaranteed 6.i.e .if anybody deprived of the enjoyment of his life then he can go to the Court of Law for the enforcement of his right. Sound and healthy health is the pre-condition to enjoy this right to life peacefully .It is but an unwritten rule of the nature that one’s health does not always remain fully fit, sometimes owing to reasons beyond our control that is when we have to visit doctors and seek professional advice. Hence doctors play an important role. Due to doctor’s negligence sometimes we have to suffer immeasurably to extent that a good number of people have died prematurely due to such callous disregard of people’ faith.
Bangladesh has classified various rights. Article 15 (1) dealing with the provision of the basic necessities . Widely expressing ,the Constitution of People Republic of Bangladesh that the fundamental responsibilities of the state to attain ,through planned economic growth ,a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens the provisions of the basic necessities of life, including food ,clothing ,shelter, education and medical care .It is the constitution as it is the supreme law of the land ,the state is an under an obligation to attain the fundamental principles of the state policies.
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