6.. The Medical and Dental Council Act 1980
6.1. The eye Surgery (Restriction) Ordinance 1960
6.2 The Allopathethic System (Prevention of misuse) Ordinance, 1962.
6.3. The Bangladesh Unani and Ayurvedic Practitioners
6.4. The Bangladesh Hommeopathic Practitioners 1983.
6.5. The Medical Practice And Private Clinics And Laboratories (regulation) Ordinance, 1982
Liabilities Arising out of other laws relating to Medicine:
The laws relating to medicine are mainly concerned with the qualifications of physicians. They contain the provisions prescribing as to who can conduct a particular act like surgery, or treatment and what would be the consequence if a person having no such qualification performs the said act, or the person does not act up to the marks, though he possesses the required quality. But these laws are silent on the matters of determination of liability. The principles of duty of care, breach of duty and damage caused thereby are absent here. The liability arising out of these laws may discussed in the following ways
6. The Medical and Dental Council Act, 1980:
The Bangladesh Medical and Dental Council (BMDC) established under the above Act (Act No. 16) maintains a register of medical practitioners possessing the requiredqualification.65 This Council consists of representatives of all sectors in health including a legal practitioner nominated by the Chief Justice. 66 The Council not only maintains a register of medical practitioners but also give them instructions on their professional life. The BMDC can take an action against a doctor in the cases of gross negligence or professional negligence. Without going to the rigid and costly process of the ordinary courts the victims of medical negligence may bring a written complaint before the BMDC.
Any person who is aggrieved by medical negligence may file a written complaint to the BMDC. He has also to submit the evidence, if any, along with the complaint.
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65 Section 20 of the Act.
66 Shown Hossain Tanim, Chikithshokder Oshodachom O BMDC (Medical malpractice and BMDC) in Shahin Akhter (ed) “Dactari Abohela” (Medical Negligence) Ain O Shalish Kendro, Dhaka (2001) p: 43
On receipt of the complaint, the Council will give notice to the concerned doctor to show cause. He will be asked to give his own explanation about the complaint within fifteen days. The explanation made by the doctor will be sent to the disciplinary committee. Thereafter the committee will investigate the matter. At this stage the complainant and the accused doctor will be given an opportunity of being heard. The disciplinary committee may even call upon a hospital authority or medical centre to give documents, if it is necessary. The committee will submit its report to the BMDC. The council has the authority to remove the name of any registered practitioner altogether or for a specified period from the registrar who has been found to be quality or infamous conduct in any professional respect. 67 A medical practitioner or dentist whose name has been removed from the register in this way cannot practice or hold himself out as practicing, the allopathic system of medicine or dentistry.
6.1 The Eye Surgery (Restriction) Ordinance, 1960:
The ordinance intended to prevent surgery on the eye by persons other than registered medical practitioners. Section 3 (1) of the said ordinance provides that any person, not being a registered medical practitioner, who performs eye surgery upon another, whether with or without latter’s consent, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand taka.
67 Section 28 of the Bangladesh Medical and Dental Council Act 1980
6.2 The Allopathic System (Prevention of Misuse) Ordinance, 1962:
This Ordinance contains provisions to prevent the misuse of the allopathic system of medicine and to provide for matters connected therewith. it says that no person other than a registered medical practitioner can perform surgical operation.68 Such a practitioner or person authorized in this behalf by the Government can give the prescription of any antibiotic or dangerous drugs under this ordinance. Whoever contravenes this requirement shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand taka or both. 69
6.3 The Bangladesh Unani and Ayurvedic Practitioners Ordinance, 1983:
This Ordinance is to provide for the regulation of the qualifications and registrations of practitioners of Unani and Ayurvedic system of medicine. There exists a board like the BMDC namely the Bangladesh Board of Unani and Ayurvedic System of Medicine, for carrying out the purposes of the Ordinance. 70
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68 Under Section 28 of the Act registered medical practitioner means a practitioner registered under Bangladesh Medical and Dental Council Act, 1980
69 Farooque Mohiuddin, Hasan Rizwana, Law Regulating Oshodachom O BMDC (Medical Malpractice and BMDC) In Shahin Akhter (ed) “Dactari Abohela” (Medical Negligence) Ain O Shalish Kendro, Dhaka (2001) . 43.
69 Section 28 of the Bangladesh Medical and Dental Council Act 198o
69 Under Section 2 of the Act registered medical practitioner means a practitioner registered under the Bangladesh Medical and Dental Council Environment in Bangladesh, 2nd Edition, Bangladesh Environmental lawyers Association (BELA), Dhaka, (2004), pp. 63-64.
70 Section 3, The Bangladesh Unani and Ayurvedic Practitioners Ordinance, 1 1983.
In order to continue practice in Unani and Ayurvedic system of medicine a person has to be registered as a practitioner under this Ordinance, and he has to show professional efficiency in his dealing with the patients. If a professional has been found to be guilty of cognizable offence or misconduct which in the opinion of the Board discloses moral turpitude such as to render him unfit to practice his profession, the Board may direct his name shall be removed from the registered 71. If the registered practitioner contravenes the provisions of this ordinance which requires him to be abided by the Code of Ethics for Unani and Ayurvedic practitioner framed by the Board and approved by the government shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand take or with both. 72 A person having not being registered under this himself out, whether directly or by implications the Unani and Ayurvedic system of medicine. 73
6.4 The Bangladesh Homeopathic Practitioners Ordinance, 1983:
The regulation of the qualifications and registration of practitioners of Homeopathic system of medicine are the main concern of this Ordinance. Its provisions are almost same to the above-mentioned Ordinance. The Bangladesh Board of Homeopathic System of medicine can cancel the registration of a practitioner who is found to be guilty of any cognizable offence or professional misconduct. 74 If a registered practitioner does anything contrary to the Code of Ethics for homeopathic practitioner shall be liable to punishment with imprisonment for a term, which may extend to one year or with fine, which may extend to taka one thousand or with both. 75
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71 Section 31 Ibid.
72 Section 32 Ibid.
74 Section 28 the Bangladesh Homeopathic Practitioners Ordinance, 1983.
75 Section 36 Ibid.
6.5 The Medical Practice and private Clinics and Laboratories (Regulation) Ordinance, 1982.
The Commercialization of medicine is one of the most important factors leading to negligence. The treatment of patients at the government hospital is free of charge, so that the patients fail to get full concentration of the physicians who are busy with private practices at their chambers and clinics. The number of private clinics as business institutions is increasing day by day which in most of the cases are not properly equipped. The life of the patients often feels at risk for want of some emergency machine and drugs. The clinics though bound to provide these requirements sometimes are found to be ignorant of them, which is a clear violation of duty of care. This Ordinance intends to check this situation. it regulates medical
practice and functioning of private clinics and laboratories. It requires a doctor’s chamber to be maintained in hygienically sound conditions with necessary facilities for the examination officer authorized by him a registered practitioner is found to contravene this requirement he may recommend to the government to debar him from carrying on private medical practice. 76
This Ordinance contains conditions to be fulfilled by a clinic to get license. These are proper accommodation with hygienic environment for the patients at least eighty square feet of floor space for each patients, an air conditioned operation theatre, adequate supply of life saving and essential medicines, at least one medical practitioner, two nurses for every ten beds round the clock, specialists for operation, treatment and supervision of patients. 77
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76 Khan Alina, “Ami Mone Kari Dacterder Dhormoghote Jaber Kono Adhikar Nel” (I think the Doctors should not have any Right to Go For Strike) Dactari Abahela, op. cit, p. 41.
77 Damayanti S. “What is Medical Negligence? What are the Standard of Care Principles” op. cit. p. 48
If an inspection made by the DG or any officer in this behalf, a private clinic is found to lack such requirements, its cancellation may be recommended. 78 Section 13 prescribes punishment of such doctors and clinics. It says that if any registered medical practitioner contravenes any provision of this Ordinance, he shall be punishable with fine, which may extended to five thousands taka. In the case of owner of a private clinic, the punishment of the same offence is imprisonment for a term which may extend to six months, or with fine which may extend to five thousand taka. In the case of owner of a private clinic, the punishment of the same offence is imprisonment for a term which may extend to six months, or with fine which may extend to five thousand taka, or with both, and the court, while convicting such owner, may order for forfeiture of all or any of the movable property in the clinic.
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