Allegations of medical negligence, some incidents even causing deaths, are rife in Bangladesh.
According to a survey conducted on 8,256 participants by the Bangladesh Bureau of Statistics (BBS) between January and February 2025, over one in three people reported such experiences.
However, despite the innumerable instances of suffering, victims have rarely received compensation as gaps in the law, weak enforcement, and a lack of systematic oversight mean most complaints are swept under the rug.
What is medical negligence?
There is no exact definition of medical negligence in the constitution or any act.
However, it is widely recognised that medical negligence occurs when a health care provider fails to follow standard procedures of care or causes preventable harm to a patient.
In tort law, medical negligence is not discussed in detail, but the outline for general negligence can show the way.
According to tort law, these components must be considered in cases of negligence
Duty: This dictates that any person must always take reasonable care to avoid omissions and acts that he can foresee reasonably as likely to result in injury. For example, a business owner has a duty to keep their premises safe for employees and customers, including inspecting regularly for hazards and addressing issues within a reasonable timeframe.
Breach of duties: If one owes a duty of care but fails to fulfill that duty, that means they are in breach. While a breach seems simple enough, proving one can often be a tricky endeavour.
Causation generally relates to whether an action hurts another. Given that it may be unclear who or what injured a person on the surface, proving a link between actions or inactions to any harm is crucial.
Damage: This hinges on whether the plaintiff suffered harm due to negligence.
Considering all these components, negligence comprises more than careless conduct, whether in commission or omission.
One in three Bangladeshis affected
There is no single government body dedicated to work on cases of medical negligence. Instead, several government agencies, professional councils, and civil society organisations are involved in handling complaints and advocating for victims.
According to the BBS survey, 38 percent of people reported that they had experienced negligence and maltreatment while seeking medical care in government or private hospitals.
While 36 percent of people reported being victims of negligence in rural areas, interestingly, this number rose to 44 percent in urban areas.
Furthermore, the Directorate General of Health Services informed the High Court in February last year that only 4,123 of the 15,233 licensed private hospitals and clinics had renewed their licences. It also reported that 1,027 hospitals and clinics were found to be operating without any licence.
Over the years, there have been many high-profile cases of such incidents. Below are just a few.
Case I: Mirza Arunima Shahpar Ohona v. Square Hospital Ltd. & Ors (2015)
Mirza Arunima Shahpar Ohona, a four-year-old, was admitted to Square Hospital's paediatric department on August 14 in 2013 with a brain tumour.
However, her father, architect Mirza Shapar Jalil, suspected that she was not being given proper care.
According to the petition filed by Ohona's family, the pediatric department at the hospital did not even conduct one follow-up CT scan or MRI to see the post-operative condition of Ohona's brain tumour even three days after surgery.
Seeing no progress, her father was compelled to take Ohona to Bangkok for better and effective treatment on August 17, just days later, according to a writ petition filed with the High Court in this regard.
On the same day, the hospital in Bangkok performed a CT scan while she was on life support. Through that CT scan, haemorrhages were detected. After that, although she underwent a thorough and lengthy treatment procedure, Ohona did not survive.
He filed a case on January 11, 2015, accusing two doctors for negligence in treatment.
The magistrate court then ordered the vice-chancellor of Bangabandhu Sheikh Mujib Medical University to conduct an enquiry into the allegations, but the report submitted by the investigative committee stated it was not possible to provide a complete opinion as to whether the two doctors were responsible for the death of the victim.
The High Court (HC) in 2021 ordered the trial court to proceed with a further inquiry into the allegation of negligence on the death of Ohona against Square Hospital and two of its physicians.
Case II: Fire victims v. United Hospitals Ltd
Although not strictly pertaining to medical negligence, the state of healthcare facilities was highlighted in 2020 by a fire that broke out at the coronavirus isolation unit of the hospital, killing five bed-bound patients who could not get up to escape.
In the aftermath, fire service officials said the isolation unit lacked fire safety measures and was built in violation of the Bangladesh National Building Code.
Judgement: The High Court in 2021 ordered the authorities of United Hospital to pay Tk 30 lakh each to the families of four out of five victims killed in the fire within 15 days.
Case III: Eusuf Mazumder Shakil v. Labaid Specialized Hospitals and others
In a writ petition filed in 2024, Shakil alleged that both his kidneys were damaged after a urological surgeon at the hospital had given him the wrong treatment and left him with a bill of around Tk 6.20 lakh.
"The victim is likely to die at any time. He will now have to undergo a transplantation procedure for both of his kidneys," the writ mentioned.
Judgement: The High Court (HC) issued a rule in 2024, asking authorities concerned to explain as to why it shall not pass an order to give Shakil Tk 1 crore in compensation.
Experts demand specific legislation, dedicated body
Assistant Attorney General AM Jamiul Hoque Faisal told Dhaka Stream that the country lacks specific legislation to address medical negligence, making it extremely difficult to tackle such issues, especially in the absence of a dedicated investigative body.
Supreme Court Lawyer Hasnat Quaiyum told Dhaka Stream that there is often confusion between negligence and professional incompetence, a gap that is frequently exploited by healthcare experts.
He said this allows doctors to commonly dismiss accusations of negligence by labeling them "Acts of God".
"Proving negligence is a major challenge due to the absence of any investigative authority, and although tort law could serve as a potential remedy in seeking justice."
Sayed Ahmed, another Supreme Court Lawyer, told Dhaka Stream that medical negligence has become a rising crisis.
"There is an urgent need for specific legislation to address the widespread problem of medical negligence," he said, cautioning that a failure to act could lead to even more severe consequences for public health and safety.
Relevant laws and regulations
Consumer Rights Protection Act, 2009
According to the Consumer Rights Protection Act, 2009, if a patient receives the services of a doctor, hospital or diagnostic centre for a fee, the patient will be considered a 'consumer'.
If the person falls victim to medical negligence, they can file a complaint under the Consumer Rights Act for compensation. According to this act, if the complaint is proven, the complainant will be entitled to 25 percent of the fine collected as compensation.
Constitution of Bangladesh
While the constitution of Bangladesh recognises healthcare as a basic necessity, it doesn't explicitly state it as a fundamental right. However, Articles 15(a) and 18 (1) do place a responsibility on the state to raise the level of nutrition and improve public health, making healthcare a fundamental responsibility.
Although medical care and right to health are indirectly mentioned in many articles of the constitution, healthcare is not recognised as a fundamental right, nor are there measures in place to protect people from medical negligence.
Penal Code, 1860
Under the current legal structure, there is no codified law on medical negligence. And in the absence of a developed tort regime, the laws on negligence are scattered and general.
Still, the Penal Code addresses negligence through several sections.
Under Section 304, which relates to death by negligence, anyone who commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years.
Section 336, which relates to offences affecting the human body, states that anyone "who does any act so rashly or negligently as to endanger human life or the personal safety of others" can be imprisoned for a term which may extend to three months, or with fine which may extend to Tk 250, or with both.
Section 337 adds that causing harm to another person via an act that endangers human life or personal safety, shall be dealt with by imprisonment for up to six months, a fine of Tk 500, or both.
Section 338 says that causing grievous harm through an act that endangers life or personal safety of others shall be considered a crime and shall be punished with imprisonment for two years, or with fine which may extend to Tk 5,000 or both.
Further provisions which are relevant, but not exclusive to dealing with medical negligence, include sections 314, 323, with the terms of imprisonment ranging from three months to ten years.
However, provisions such those outlined in Section 88 and 89 excuse any such acts if they are carried out in good faith.
The Code of Civil Procedure, 1908:
According to Article 19 of the Code of Civil Procedure, which concerns suits for compensation for wrongs to person or movables, aggrieved individuals are allowed to file a civil case due to negligent acts in order to seek compensation.
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