Legal Frameworks of Medical Negligence and Malpractice in Bangladesh and India

Authors

  • Asaduszaman Sohag Department of Law, Uttara University, Dhaka 1230, Bangladesh
  • Israt Jahan Eva Department of Law, The People’s University of Bangladesh, Dhaka 1207, Bangladesh

DOI:

https://doi.org/10.69971/69ffwx39

Keywords:

medical negligence, fraudulent practice, human rights, professional

Abstract

Medical negligence is an obvious infringement of the right to health, and it is committed by a professional organization that is intended to defend patients' rights to health in an emergency when their rights are at risk. In many developed states, the problem of medical negligence has recently been a prominent topic of attention and conversation. Several countries have adopted and formed distinct acts and courts to implement health care regulations. The statutes, and legal rules do not properly codify these provisions in Bangladesh, hence there is no particular and complete legislation in Bangladesh to prohibit medical negligence and malpractice. India, has a higher level of awareness about medical negligence, and as they have included a new facet into their law. Bangladesh can learn a lot from India to improve its their legal system. This article attempts to define medical negligence, major loopholes in Bangladeshi law comparing it with Indian laws, and finally, sharing recommendations to improve laws of patients' rights to health care in Bangladesh.

References

Agarwal, Anurag K. 2011. Medical negligence: Law and Interpretation. Indian Institute of Management 1-15. https://pbtindia.com/victims/medical-negligence.pdf

Akter, Khandakar Kohinur.2013. A contextual analysis of medical negligence in Bangladesh: Laws and practices. Northern University Journal of Law 4: 67-81. https://doi.org/10.3329/nujl.v4i0.25942

Badaruddin, M. 2016. Medical negligence and fraudulent practice in the hospital and clinics: Legal status in Bangladesh perspectives. Doctoral Dissertation, Law Department, Bangladesh University, Bangladesh.

Brenner, H Lawrence, Brenner Alison Tytell, Awerbuch Eric J, Horwitz Daniel. 2012. Beyond the standard of care: a new model to judge medical negligence. Clinical Orthopedics and Related Research 470:1357-1364. https://doi.org/10.1007/s11999-012-2280-0

Chaillie, Stanford Emerson. 1949. Origin and progress of medical jurisprudence. Journal of Criminal Law & Criminology 40:397-444.

Das, Bandhu Das.2014. A study on medical negligence and fraudulent practice in private clinics: legal status and Bangladesh perspective. Ain o Salish Kendra https://www.askbd.org/ask/wp-content/uploads/2014/02/Report-Medical-Negligence.pdf

Islam, Md. Rabiul, Farid Shekh.2015. Negligence in government hospitals of Bangladesh: A dangerous trend. Journal of Social Sciences 4: 12-18. https://www.isca.me/IJSS/Archive/v4/i5/3.ISCA-IRJSS-2015-036.php

Karim, Md. Ershadul.2005. Examining liabilities arising from doctor’s negligence. The Dhaka University Studies XVI:151-182. https://journal.library.du.ac.bd/index.php/DULJ/article/view/148

Karim, Sheikh Mohammad Towhidul, Goni Mohammad Ridwan, Murad Mohammad Hasan. 2013. Medical negligence laws and patient safety in Bangladesh: An analysis. Journal of Alternative Perspectives in the Social Sciences 3: 424-442. https://www.japss.org/upload/8.%20Karim.pdf

Mathiharan, Karunakaran. 1998. State control of medical malpractice. Law & Medicine 41:88-92.

Rahman, Mizanur. 1994. Consumer protection in Bangladesh: law and practice. Journal of Consumer Policy 17: 349-362.

Sultana, Zelina. 2018. Medical negligence in Bangladesh: An argument for strong legal protection. Asia Pacific Journal of Health Law & Ethics 12: 69-94. https://doi.org/10.38046/apjhle.2019.12.2.003

Verma, S. K. 2019. Pharmaceutical patents and public health. Journal of the Indian Law Institute 61: 153-181. https://www.jstor.org/stable/27097359?seq=1

Yadav, Mukesh, Rastogi Pooja. 2015. A study of medical negligence cases decided by the district consumer courts of Delhi. Journal of Indian Academy of Forensic Medicine 37: 127-130. http://dx.doi.org/10.5958/0974-0848.2015.00011.1

Downloads

Published

2025-02-18

Issue

Section

Articles

How to Cite

Legal Frameworks of Medical Negligence and Malpractice in Bangladesh and India. (2025). Legal Research & Analysis , 3(1). https://doi.org/10.69971/69ffwx39

Similar Articles

You may also start an advanced similarity search for this article.