Medicine is the science and art of diagnosing, treating, and preventing disease and injury. Its goals are to help people livelonger, happier, more active lives with less suffering and disability. But the goals are not always seemed to have been achieved; rather the people coming for treatment have to go through a further suffering in the cases, where the physicians are found to be in breach of duty, owed towards the patients. Such an incident is known as negligence. Sometimes it becomes so critical that the patient’s nave to sacrifice their valuable lives or to suffer other irreparable injury to any other organs of their body. These incidents are increasing in Bangladesh due to the absence of proper law to enforce the accountability of medical practitioner. Besides this, the lack of awareness among the people about the implementation of rights which have been violated by medical negligence and slow and cumbersome process of the court have worsen the situation. Hence the wrong committed by the teeters go unpunished and the victims deprive from remedies.
To check the unexpected incidents which happen to the patients and their families proper steps should be taken by the state. The Judiciary is the appropriate organ in this regard. Though the number is few, the victims with the association of human rights institution and legal aid organization have field some cases, but most of them are at the stage of investigation. Once finally settled, giving exemplary punishment for negligence to the medical practitioner and awarding compensation to the victims, the cases would create an opportunity for the people to have resort to legal procedure.
The relieves for negligence are mainly sought under the general law of the land, i.e. constitutional law, and criminal law, etc. The Penal Code contains some provision op negligence, which is used to bring an action for medical negligence. But it is incapable to provide adequate remedy as it lacks the concepts used in determining liability of negligence. In order to overcome the existing situations and to alleviate the sufferings of the victims of medical negligence a system should be introduced, whereby the dilatory and complex process of the civil litigation could be avoided. The institution which is easily accessible, less time consuming and more flexible in procedure should be established. A forum the complaint before which should be free of cost or at a minimum cost, would try the cases of medical negligence in a simple and flexible way, the jurisdiction of which should be extended not only to the medical services given on payment but to others also which are free of cost. The forum should consist of at least two or three experts nominated by medical fraternity, when it tries the cases on negligence, and other suggestions may be required from them. The proposed Consumer Protection Act may include a chapter on medicine comprising the above-mentioned suggestions, to avoid the technical problems in future.
There is no doubt that the adoption of law would be beneficial, but it is not easy to pass a law whenever it is required. The process of enacting the law has been started since 1992, but it has not yet come into being. No government belonging to different political parties showed sincerity in passing the Act. To remedy the situation the medical regulator/ body (BMDC) should play an active role. Apart from the routine work of giving registration to the physicians it should take exemplary actions against guilty doctors. The steps taken by the Council might be proved to be more convincing in some cases, as it is composed of the physicians unlike judges of the ordinary court, who face no difficulty in proving cases of medical negligence. Another advantage of this system is that it is free of ail complexities and costs of the ordinary courts. But the problem lies here is that most of the people do not know about the existence and function of this institution. In order to get advantage of it, the victims should be made aware of it. The human rights and legal aid institutes, nongovernmental organization, media and above all civil society may play dominant role in this regard.
The judiciary should not be expected to shut its eyes on the ground that in the absence of appropriate laws in this regard it can do nothing in the case of medical negligence. It should give up the rigid concept and try to protect the rights of the victims in any way it can. The higher judiciary may enforce it through judicial activism.
The adoption and enforcement of law and taking other necessary steps against a guilty doctor may not always satisfy a victim. Because, either monetary compensation or the punishment of the accused cannot be the reparation of an invaluable life which is lost due to negligence. So the doctors should be more careful about their duties and should keep in mind the ethical aspect of their profession. The medical profession is governed by Code of ethics and Etiquette, which says that the principle object of the medical profession is to render service to humanity with respect for the dignity of man. Physicians should merit the confidence of patient entrusted to their care, rendering to each a full measure of service and devotion. Unquestionably the doctors or the medical practitioners are engaged in a very noble profession dedicated to the cause of suffering humanity. The nobility will be meaningful and be highly honored in the society, when this profession is followed without departure from human values and inherent characteristics of the profession.
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