There are allegations of wrong treatment or medical negligence all over the World. It is often seen that the death of a patient is due to negligence in one or another hospital. At the same time, unpleasant incidents are also happening with the relatives of the patient. There are cases of vandalism, fights, and assault in the hospital. As a result, at different times, doctors stopped their regular activities and called for a strike. Then the normal activities of the hospital were disrupted. Other patients who came to the hospital also admitted to extreme suffering. So we need to know what Can you sue a doctor for the wrong diagnosis | Wrong Treatment? Measures on how to save other patients from suffering.
How to understand the treatment has been neglected?
If you want to know if the treatment has been neglected, you have to focus on some special issues. For example, medical negligence means not only the negligence of the physician. It also the negligence of the ancillary system related to medical care. It also refers to the negligence of nurses, hospital authorities, diagnostic centers, manufacturers, and suppliers of medicines and medical equipment.
Can you sue a doctor for the wrong diagnosis | Wrong Treatment?
If we look at the three issues, we will get a clear idea about the issue of medical negligence. It will be easier to understand the issue of medical negligence if you pay attention to the issues well.
1. The first is to prove that there was an agreement between the patient and the medical provider. Which the physician or medical provider had a legal obligation to pay due attention and care to the patient.
2. Second, if the physician or medical provider neglects or fails to perform that duty.
3. Thirdly, if the patient suffers loss or death due to negligence or failure to perform his duties.
If the three issues mentioned here happen to a patient’s relatives and hospital authorities or anyone concerned. Then it should be understood that the treatment has been neglected here. In that case, legal action may be taken against the accused person or organization.
What is the remedy in the law regarding medical negligence?
Can you sue a doctor for the wrong diagnosis?
There is no single law in Bangladesh yet for disposal and legal redressal of grievances regarding wrongful treatment or medical negligence. In Bangladesh in 2016, the government proposed a law called the ‘Protection of Patients and Healthcare Providers and Institutions Act. But this law has not yet come into force. However, there is scope for legal redressal for medical negligence in various scattered laws.
Constitutional remedy for medical negligence
In all countries of the world including Bangladesh, the constitution is the highest law in the country. The basic needs described in Article 15 of our country’s constitution include ‘health’. Article 16 deals with the protection of public nutrition and ‘public health’. The ‘right to life’ described in Article 32 is recognized as a fundamental constitutional right. And it is enforced by the courts. Medical neglect and failure to protect health violate this fundamental right to life. So there is an opportunity to file a writ or public interest litigation in the Supreme Court if the treatment is neglected.
Criminal remedies in case of loss or death of the patient due to medical negligence
Penal Code enacted in 1807 is the main criminal law of Bangladesh. According to Section 304 (a) of the Penal Code, if a person kills someone through a reckless or negligent act, it will be considered an offense punishable by imprisonment for 5 years. Sections 312 to 314 of the Penal Code make abortion without a medical requirement a punishable offense. Sections 264, 285, and 28 of the Penal Code make it a punishable offense to adulterate drugs or medical equipment, to sell adulterated drugs or medical equipment, and to sell one drug or medical device under another name, respectively.
In order to curb these crimes and provide legal redressal, the Mobile Courts Act of 2009 provides for regular mobile courts and provides for penalties and fines. However, under Section 92 of the same Penal Code, it will not be considered a crime for a doctor to provide medical services for the benefit of a person in good faith and if anyone is harmed as a result.
The civil remedy in case of loss or death of the patient due to medical negligence
According to Section 19 of the Civil Procedure Code of 1908, if a person is harmed as a result of negligence, the aggrieved person can file a civil suit in the local civil court seeking compensation. According to the Consumer Rights Protection Act, 2009, if a patient receives services from a doctor, hospital, or diagnostic center for a fee, he or she will be treated as a ‘consumer’ and will be able to file a complaint seeking compensation under the Consumer Rights Act.
If the hospital authorities or the diagnostic center make a mistake or negligence in diagnosing which results in the patient being harmed or if they demand extra money for the provision of services, a lawsuit can be filed under the Consumer Rights Act. If the allegation is proved under this Act, the complainant will be entitled to 25 percent of the fine collected as compensation.
There are institutional remedies that if the patient dies or is harmed due to medical negligence
The Bangladesh Medical and Dental Council or BMDC has been established in accordance with the Medical and Dental Council Act, 2010 enacted for the purpose of controlling the quality of doctors and medical services. The negligence of any doctor or healthcare institution can formally complain to the BMDC located in Dhaka. Under Section 23 of the Medical and Dental Council Act, 2010, BMDC has the power to cancel the registration of an accused doctor if the allegation is proved.
In addition to the above laws, some other laws have provisions to remedy medical and drug-related crimes. Such as- Drugs Act, Pharmacy Ordinance, Unani and Ayurvedic Practitioners Ordinance, Human Organ Transplantation Act 1999, Safe Blood Transfusion Act, etc.
Everyone is feeling the need for a complete, single, and distinct law to bring medical negligence under the legal framework. Medicine is a technical subject and determining whether there is actually any mistake or negligence in the delivery of medicine is also a complex process, where specialized knowledge is required. In many cases, physicians suffer unjustified attacks and violence from relatives of the patient and suffer from insecurity. The proposed Health Protection Act protects the interests and rights of both patients and health care providers. The time has come for speedy implementation of the Health Protection Act to prevent medical negligence and ensure speedy legal protection for both patients and physicians.
When someone dies due to the wrong treatment, it is better to take legal recourse without vandalizing the hospital. This is good for both parties. Because on the one hand, when you are the victim of the wrong treatment, you are more at risk if you are sued for vandalizing the hospital. So you can take legal action against the doctor.