The contemporary COVID-19 pandemic brings life and death exceedingly closer. The precariousness of carrying contamination of coronavirus and survive is still an exposure of jeopardy due to delay of trial of vaccine. Every life is most precious and not a single life could drop out for medical negligence. Each of the death caused due to medical malpractice must be trialled under the existing legislation although the pandemic situation demands for legislative reform. Any unnatural death due to medical malpractice should keep apart from trial and it is the parameter of human rights standard of a society.
The UK doctors are pleading for indemnity for the medical malpractices occurred during the pandemic, the doctors of Bangladesh has no headache in this regards due to weakness of legal framework. Finding explored that the trend of ignoring the medical malpractice cases by the regularity bodies of medical professionals and absence of scope for lower judiciary to handle medical negligence cases have generated severe threats of violence on medical professionals and feeble death of doctor by the disappointed patient parties. Grounded with a qualitative research method, this study focused a new array of recommendation that enrich the law legends with action plan to reform legal framework and incorporate new tort liability into practice.
Table of Contents
CHAPTER ONE: PROBLEM STATEMENT
1.1 Introduction:
1.2 Background of the Problem:
1.3 Rationale for the Research:
1.4 Research Question and Objectives
1.5 Scope and Limitations of the Study:
CHAPTER TWO: LITERATURE REVIEW
2.1 Conceptual Framework of Medical Negligence:
2.1.1 Misdiagnosis:
2.1.2 Delayed Diagnosis:
2.1.3 Surgical Errors:
2.1.4 Denial to Provide Treatment:
2.2 Legal Framework of Medical Negligence and Key Loophole:
2.2.1 Healthcare in the Constitution:
2.2.2 Medical and Dental Council Act, 2010
2.2.3 Core content of Consumer Rights Protection Act 2009:
2.2.4 Penal Code 1860
2.2.5 Limitation of existing sections of the Penal Code:
2.2.6 Public Interest Litigation for Medical Negligence:
2.2.7 Remedy for Breach of Contractual Obligation:
2.2.8 The New Medical Services Act (draft):
2.2.9 Infectious Diseases (Prevention, Control and Eradication) Act, 2018:
2.3 Medical negligence claim under English Tort law:
2.4 The NHS Redress Act 2006:
CHAPTER THREE: METHODOLOGY
3.1 Research Design:
3.2 Data Sources:
CHAPTER FOUR: DISCUSSION
4.1 Delinquency of the Doctors in Bangladesh:
4.2 Doctors Delinquency Results Clash with Patient Party:
4.3 Hospital Delinquency with COVID-19 Patients:
4.4 Increasing Trend of Patients to Fly Abroad for Treatment:
4.5 Macroeconomic Risk of Foreign Treatment Trend:
CHAPTER FIVE: FINDINGS
5.1 Prime Causes of Medical Negligence:
5.1.1 No practical implementation of legal provisions
5.1.2 Ineffective Departmental or Disciplinary Procedure
5.1.3 Inconsistency among the government body:
5.1.4 Ignored Common Law Practices
5.1.5 Vicarious Liability
5.1.6 Corruption
5.1.7 No ethical education
5.1.8 Unity among the doctors
5.1.9 Lack of good motive
5.1.10 Triviality
5.1.11 Remedy:
5.1.12 Lack of knowledge
CHAPTER SIX: CONCLUSION
6.1 Key Recommendations:
6.1.1 Reform of legal framework:
6.1.2 Modification of Legal Framework in General:
6.1.3 Implementation of Existing Legal Provisions
6.1.4 Increase Awareness of the People
6.1.5 Ensure Damages for Negligence
6.2 Conclusion:
Research Objectives and Themes
This research aims to analyze the growing prevalence of medical negligence in Bangladesh during the COVID-19 pandemic, comparing it with the legal frameworks in the United Kingdom to identify systemic failures and propose necessary legislative reforms.
- Legal standards and accountability in the healthcare sector of Bangladesh.
- Impact of the COVID-19 pandemic on patient care and medical ethical standards.
- Comparative analysis of compensation policies for medical malpractice in the UK and Bangladesh.
- The role of legislative reform in curbing medical negligence and ensuring patient rights.
- Socio-economic implications of medical negligence and the resulting trend of patients seeking treatment abroad.
Excerpt from the Book
1.1 Introduction:
According to the report of Bangladesh Society for Enforcement of Human Rights (BSEHR), from 2012 to 2017, more than 550 people had died due to wrong treatment or doctors' negligence (Solamain, 2017); on the other hand, Ain o Salish Kendra (ASK) listed 504 incidents of medical negligence from 1995 to 2008 (The Dhaka Tribune 2018). The number of incidents of medical negligence is increasing gradually with time. However, the statistics of BSEHR1 and ASK2 based on the incidents that come into front through media or other sources, but the practical scenario is more dangerous than what is reported. Islam and Farid (2015) conducted a research on negligence in governmental hospitals of Bangladesh and identified that more than 93% patients of the public hospital faced negligence in some extent by the related doctors, nurse, technicians, or medical professionals.
To protect public health and reduce number of medical negligence claims, the government of Bangladesh has incorporated some provisions in the Consumer Rights Protection Act 2009 where patients are treated as consumer and treatment as commodity, which is contradictory with the core essence of Geneva Convention 1948. Geneva Declaration 1948 of the World Medical association prevailed that patient is the first priority of a doctor, not a commercial relationship of customer. However, the government of the country has already achieved millennium development goals and successfully reduced the percent of maternal mortality rate, but still a significant percent of pregnant women in COVID-19 pandemic situation died or suffered damages for medical negligence or denial to give treatment.
Summary of Chapters
CHAPTER ONE: PROBLEM STATEMENT: This chapter introduces the increasing crisis of medical negligence in Bangladesh, highlighting statistical data on patient deaths and the inadequacies of the current legislative response.
CHAPTER TWO: LITERATURE REVIEW: This section examines the conceptual framework of medical negligence and critiques the existing legal frameworks in Bangladesh, contrasting them with established English tort law and the NHS Redress Act.
CHAPTER THREE: METHODOLOGY: The chapter outlines the descriptive and qualitative research approach used to investigate the legal challenges and systemic issues in the Bangladeshi healthcare system.
CHAPTER FOUR: DISCUSSION: This chapter analyzes the factors contributing to doctor and hospital delinquency, specifically during the COVID-19 pandemic, and discusses the socio-economic risks of the increasing trend of patients flying abroad for treatment.
CHAPTER FIVE: FINDINGS: This section identifies the primary causes of medical negligence in Bangladesh, including a lack of effective legal implementation, corruption, and the absence of adequate ethical training for medical professionals.
CHAPTER SIX: CONCLUSION: The final chapter synthesizes the research findings and proposes key recommendations for legal reform, including a new comprehensive act to protect patient rights and ensure accountability.
Keywords
Medical Negligence, Clinical Negligence, Medical Malpractice, Bangladesh, Bolam Test, But for Test, Duty of Care, Medical Error, COVID-19, Consumer Rights Protection Act 2009, NHS Redress Act 2006, Legal Framework, Patient Rights, Healthcare Reform, Tort Law
Frequently Asked Questions
What is the fundamental focus of this research paper?
The paper fundamentally focuses on the rising incidence of medical negligence in Bangladesh, particularly during the COVID-19 pandemic, and investigates the limitations of the country's current legal framework in providing justice to affected patients.
What are the central thematic areas covered in this study?
The central themes include medical malpractice, the breach of the duty of care by healthcare providers, the efficacy of existing consumer protection laws, and the comparative analysis of legal standards between Bangladesh and the United Kingdom.
What is the primary research objective of the authors?
The primary objective is to assess the damage control mechanisms in the healthcare system and determine if doctors are upholding ethical standards, with the ultimate goal of proposing legal reforms to safeguard patient rights.
Which scientific methodology is utilized in this paper?
The authors adopt a descriptive and qualitative research methodology, utilizing primary data from national constitutional documents and legislation, as well as secondary data from scholarly journals and news reports.
What does the main body of the research address?
The main body addresses the systemic failures in Bangladesh, such as doctor delinquency, the clashes between patients and medical professionals, hospital failures during the pandemic, and the macroeconomic consequences of patients traveling abroad for better care.
Which keywords best characterize the research?
Key terms include Medical Negligence, Clinical Negligence, Duty of Care, Consumer Rights Protection Act 2009, NHS Redress Act 2006, and COVID-19, which collectively reflect the legal and healthcare focus of the study.
How does the situation in Bangladesh differ from the UK regarding medical negligence claims?
Unlike the UK, which has a structured legal system including the NHS Redress Act 2006 to handle claims efficiently, Bangladesh lacks a dedicated, effective legal framework for medical negligence, often leaving victims without compensation or justice.
What specific role does the 'Bolam test' play in this discussion?
The 'Bolam test' is discussed as part of the English tort law framework, representing the standard of care by which medical professionals are judged, a concept that the authors argue is underutilized or ignored in the current Bangladeshi legal context.
- Quote paper
- LLB (HONS), LLM Nasima Talukder Monmoon (Author), Suchana Chowdhuy Suchi (Author), 2020, Medical Negligence during the COVID-19 Pandemic Outbreak is a Paramount Dispute of Healthcare System, Munich, GRIN Verlag, https://www.grin.com/document/935185
