Editorial Desk :
Bangladesh has adopted various legal frameworks to address medical negligence, yet such incidents continue to occur at an alarming rate. The recent case of a newborn allegedly injured at Dhaka’s Delta Medical College Hospital has sparked public outrage and renewed debate over accountability in the country’s healthcare system.
The High Court (HC) has asked why the hospital should not be held liable for damages of Tk 5 crore, following a petition by the infant’s father seeking compensation for the immense pain his child has suffered. The baby, just five days old at the time, allegedly sustained a broken hand due to medical negligence while receiving treatment at the hospital.
The petition, filed by Mohammad Nure Saphah, prompted the HC bench of Justice Fahmida Kader and Justice Syed Zahid Monsur to issue a rule on Monday, questioning why punitive action had not been taken against those responsible. Barrister Mohammad Shafiqul Islam (Sohel), representing the petitioner, argued that such incidents cannot be allowed to go unchecked.
A recent Bangladesh Bureau of Statistics (BBS) survey, conducted between January and February 2025 among 8,256 participants, found that 38 per cent of respondents reported experiencing negligence or maltreatment while seeking medical care in government or private hospitals.
While 36 per cent of rural respondents reported such experiences, the proportion was even higher in urban areas, at 44 per cent.
Although the Constitution of Bangladesh guarantees health and medical care as a fundamental need, the right to receive proper healthcare is not explicitly recognised as a fundamental right.
It is, however, interpreted as part of the right to life under Article 32. The preamble and Article 15 of the Constitution also identify the improvement of citizens’ material and social conditions, including health, as a primary duty of the state.
Victims of medical negligence can pursue claims under tort or civil law, which may involve allegations such as harassment, defamation, or false inducement. However, civil litigation is often complex, costly, and inaccessible to poorer individuals. Gathering evidence is also challenging, as medical professionals are frequently reluctant to testify against colleagues.
The Bangladesh Penal Code, 1860, sets out several provisions to address medical negligence such as Section 304(a): Negligent or reckless acts causing death are punishable, Section 314: Addresses abortion-related offences, Sections 323-328: Cover various acts of causing harm, Section 337: Reckless acts endangering life may result in up to three months’ imprisonment and a fine of Tk 250, and Section 338: Injuries caused by negligence may result in up to six months’ imprisonment and a fine of Tk 500.
In the case of Rashidullah vs State (21 DLR 609), the court held that reckless conduct implies knowingly taking the risk of engaging in dangerous activity without proper caution.
Although legal provisions exist, enforcement remains weak. Allegations of unnecessary medical tests, inadequate oversight, and lack of disciplinary measures contribute to public distrust. The Supreme Court, empowered to provide remedies under constitutional law, can play a role in addressing such claims, but systemic reforms are widely seen as necessary.
The recent Delta Medical College case has reignited calls to close legislative loopholes, strengthen enforcement, and raise public awareness of patients’ rights. Observers note that without robust accountability mechanisms, legal protections risk remaining largely theoretical.
