I present the Research Monograph as part of the completion of the LL.M (1 year) programme. It is further confirmed that the work presented here is unique and appropriate for the incomplete satisfaction of the level of LL.M (1 year). I further agree to indemnify the University against any accident or damage arising from the breach of the previous commitment.
Statement of the problem 2
Therefore, when managing medical negligence and the right to health care, it is extremely important to consider these aspects of treatment. Since these problems are at the core of the health profession, associate degree hospitals are directly plagued by new interpretations of an existing law regarding medical professionals, so it is important to involve hospitals at the individual physician level and also at the employer level. . level. There is a lack of oversight in the pharmaceutical industry and the top 10 companies supply about 80 percent of the drugs.
According to the Bangladesh Health Facilities Survey 2009, on average, more than 30 percent of basic healthcare equipment is lacking. For every thousand people there are zero point 30 doctors, zero point 26 nurses or midwives and zero point 20 dentists. The lack of mental health support is extremely worrying when you look at population statistics with mental health problems.
Because of negative perceptions of mental health services in Bangladesh, there are 0.49 mental health professionals per one lakh people. Inadequate health facilities, lack of awareness and consequent lack of follow-up are major obstacles in this sector.
Objective of the Study 3
Research Question 4
Research Methodology 4-5
Data has been collected from secondary sources and analyzed case studies, academic expressions and identified best practices around the world to protect the interests of both the patient and the doctor, experiences of victims of medical negligence collected from media reports. To carry out the research on medical negligence in Covid19 units and other units during the Covid19 pandemic. I have studied a lot of medical malpractice cases from my books and website articles and also observed that victims who filed a medical malpractice case sometimes do not get the proper verdict.
This is not the only research on this topic, but many researches have been done earlier, but none of the researchers have focused on it. This research aims to discover the problems related to medical negligence and the life of the victim. All the researchers talked about the problems faced by the victim due to medical negligence, but none of the researchers revealed the real reason it happened.
Types of Medical Malpractice Claims', Dr Belal Husain Joy, 'Law Management Skills' (2005), Dr Belal Husain Joy, 'Right to Life and Food Adulteration', New Nation, (2005) Health Ethics in Countries of SEAR, 'World Health Organization (WHO)',. But through this research proposal, I have discovered two main issues of such barriers to medical negligence in Covid19 units and other units during the Covid19 pandemic.
Jobeda Khatun Healthcare (JKG Healthcare) 8
United Hospital 8
Anwer Khan Modern Medical College Hospital 9
Chattogram Medical College Hospital 9-10
In Chittagong, corona patients are treated at the General Hospital, Chittagong Medical College (CHMEC) Hospital and BITID. And surprisingly, it was unrealistic to start 6 intensive care units due to lack of manpower. Veteran legal counsel Kabir Chowdhury passed away on June 2, 2020 at General Hospital due to Corona.
As the condition worsened, the father was admitted to the ICU on the evening of 31 May 2020. Dhaka Medical College and Hospital is a government medical college and hospital located in Dhaka, the capital of Bangladesh. About 21% of patients who came to Dhaka Medical College Hospital with corona and corona side effects could not be saved.
That large number of surrenders with side effects are not attempted alive or after death. On the other hand, the registration book of the hospital's morgue office shows that the number of deaths due to coronavirus and symptoms since May 2, 2020 is 696.
Square Hospitals Ltd. 11
Hazera Clinic and Diagnostic Center 12
Oxygen deficiency in hospital 13
Situation outside the capital 14
It shows that 550 additional oxygen chambers are required in various clinics of Sylhet division.
Capital situation 14
Problem with cylinder 14
An estimate has also been made of the number of additional rooms that can be expected in each segment. A general practitioner in a region in the southern part of the country, who did not want to be named, said a patient in the crown needs uninterrupted oxygen supply for four to five days or more. Additionally, individuals who keep changing rooms are also at risk of contamination.
This means that patients can use one quarter of the amount of chambers (3 thousand 200 chambers will be useful for 800 patients). Experts say that regardless of whether the public body needs it, it will be difficult to build a focal oxygen supply in the health clinics reserved for Covid-19 in the short term. It would be feasible to build a focal framework for oxygen supply in a few medical clinics whenever it was arranged and started in February or early March.
In this current circumstance, the public authority should bring the general population and confidential medical clinics which have focal framework of oxygen supply and have less patients affected by the Coronavirus disease. Plans for rapid transfer of patients from these emergency clinics to special emergency clinics.
Corona treatment services are inadequate outside Dhaka 15
A month and a half ago, the Public Health Advisory Committee of the Health Department, while drafting a proposal on emergency clinics, had expressed that no less than 898 beds would be expected for the Barisal division. They proposed 6,612 beds for various areas of Barisal, Khulna, Mymensingh, Rajshahi, Rangpur and Sylhet divisions. The advisory group also said that these beds will be fixed in certain emergency clinics at the area and upazila level.
Only one clinic in Mymensingh Sadar of this division has seven beds for corona patients. According to the Ministry of Health, there are no intensive care beds for corona patients in 49 regions of the country. There are 158 intensive care beds in the capital Dhaka and 47 intensive care beds in 6 regions of Dhaka ward for corona patients.
Only 67 ICUs in Dhaka for treating COVID-19 patients 16
Bangladesh - WHO Coronavirus (COVID-19) Dashboard 17
Second Wave of COVID-19 in Bangladesh: An Integrated and
Patient's Responsibilities 20
Doctor's obligations 20
In accordance with Article 304(a) of the Penal Code, the Bangladesh Penal Code expressly provides that if a person intentionally or recklessly causes the death of another person, he is guilty of an offence. The verdict in the case was announced on Tuesday by Additional Chief Metropolitan Magistrate of Dhaka Tofazzal Hossain in the presence of the accused. In violation of the conditions under which it was charged with the corona tests, JKG Healthcare violated sections 420, 466 and 471 of the Criminal Code by lying, fabricating reports and misrepresenting forged certificates to obtain benefits.
The trial will begin with the framing of charges against the accused under sections of the Penal Code, Dhaka Metropolitan Magistrate Sarafuzzaman Ansari said. Each of the eight accused was sentenced to four years' imprisonment and a fine of four thousand rupees with a four-month suspension under Section 466 of the Penal Code. In addition, Article 471 of the Penal Code provides for four years imprisonment and a fine of 4,000 taka, with an additional four months imprisonment in case of default.
The defendant was acquitted under sections 465 and 465 of the Criminal Code because the charges against him had not been proven. After the verdict, Farooq Ahmed, one of the defendants' lawyers, informed reporters: "In this case, three parts have been judged individually.
Recommendation 22-23
Charges were brought in this case in terms of sections 170 of the Penal Code for using a false identity of a public servant, 269 for negligence knowing that it could spread a dangerous disease, 406 for criminal breach of trust, 420 for fraud, 465 for forgery, 466 for falsifying official documents, and 471 for presenting a forged document as genuine. All aspects of the lump sum investigation process should be eliminated in cases involving medical malpractice. The Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982 mandates that steps be taken to ensure that private clinics are inspected.
Therefore, there must be a penalty provision for violation of the Ordinance to take action against such violation. The responsibility of the inspection body must be ensured by revising the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance 1982. Private clinics or hospitals can obtain a license if they must have sufficient facilities for treatment, suitable medical equipment and sufficient seating. for patient visits.
34;the basic needs of life, including food, clothing, shelter, education and medical care and 'raising nutritional levels and improving public health'. The petitioner in the Doctor's Strike Case (Dr. Mohiuddin Farooque v. Bangladesh and others) challenged the right of the government doctors to continue their strike, which the court characterized as an "inability to discharge their legal and constitutional duties to protect the health and medical services". concern to the general public, which arises from the withholding of duties by the striking doctors."
The Medical and Dental Council Act 1980 24
The Penal Code, 1860 24-25
In addition, section 314 for offenses involving abortion and sections 323 to 326 for various offenses involving gross negligence provide remedies for medical malpractice. In addition, Article 336 of the Penal Code provides for a maximum penalty of 3 months in prison and a fine of TK 250 in the event that negligence or carelessness causes death or other safety-related disturbances. This clause states that imprisonment for a maximum of two years, a maximum fine of 5000 taka or both can be imposed if any negligent act or negligence causes injury.
In Bangladesh, medical negligence during the pandemic is a common phenomenon and a very important and also very significant issue; it usually stems from a lack of responsibility. We believe that medical professionals, including physicians, have a moral obligation to defend the lives and health of the public. The country's citizens are aware of cases of medical malpractice causing death or other harm to them and are willing to file legal complaints.
Although the current legal system has some shortcomings, the government of the People's Republic of Bangladesh is taking steps to minimize or prevent such incidents. Available at:
