Health Protection Act is now an urgent need for Bangladesh

Whenever a doctor is injured or a patient dies because of medical negligence in the country, the demand for a Health Protection Act comes up strongly. However, within a few days the discussion faded away and the rights promised by the law are forgotten. This cycle has been repeating for more than ten years. The opponents of this law are as well organised and powerful as those who would benefit from it. Governments change, but the rights of ordinary citizens in healthcare remain unfulfilled.

It cannot be denied that, despite many obstacles, the health sector of Bangladesh has grown significantly since independence. The number of hospitals, clinics and other healthcare facilities has increased greatly. Yet the necessary reforms and updates in laws, policies and regulations have not kept pace with this expansion.

The health system of Bangladesh is still largely governed by the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance of 1982. This law is very limited in scope. Because of its weaknesses, poor supervision, and the absence of proper standard operating procedures, public confidence in healthcare is steadily declining. As a result, both rich and poor people are increasingly going abroad for treatment. This is causing around four billion dollars to leave the country every year, and the actual figure is probably much higher.

Due to the weakness of the existing law, it is difficult to identify which medical centres provide quality care and which ones are substandard. Consequently, everyone suffers from the problems created by poor-quality healthcare services.

For various reasons, the 1982 Ordinance is no longer effective in today’s context. It is therefore very important to introduce a timely and modern law that protects doctors, healthcare institutions, and patients alike, while ensuring proper accountability.

Another major reason for the lack of safety in healthcare is the lack of coordination among existing laws. According to the public health portal PublicHealths.net, around forty-five different laws are related to public health, the control of non-communicable and infectious diseases, and overall health management. 

In addition, some sections of the Consumer Rights Protection Act and the Penal Code touch upon health security issues. However, these laws are scattered and isolated. They are not sufficient to manage the large and complex health sector of Bangladesh effectively.

At present, both patient protection and doctor protection have become important topics of public discussion. Medical negligence, in particular, remains a major challenge for the health system. Unfortunately, the existing laws of Bangladesh do not provide a clear mechanism to determine punishment or liability in cases of medical negligence. Responsibility is placed mainly on a few scattered provisions. 

For example, certain sections of the Penal Code allow punishment for causing harm or death through negligence or carelessness. Under Section 23 of the Bangladesh Medical and Dental Council Act 2010, a doctor’s registration can be cancelled for breaching professional ethics. Yet these measures are not enough to ensure proper accountability and protection across the entire healthcare sector. This situation clearly shows the growing need for a comprehensive and modern Health Protection Act.

It is essential to formulate a comprehensive Health Protection Act to ensure good governance in the healthcare system. At present, many structural and legal limitations in the medical sector are preventing the proper protection of patient rights and the maintenance of quality medical services. 

For instance, many rules mentioned in the Bangladesh Medical and Dental Council Code of Conduct are not followed in practice. The widespread habit of writing brand names instead of generic names in prescriptions continues unchecked. Moreover, the absence of a clear legal definition of medical negligence makes it very difficult to determine liability and carry out fair trials.

If the specific responsibilities of doctors, nurses, hospital authorities, medical assistants, equipment suppliers, and even patients are not clearly defined by law, the entire burden of medical negligence cases falls unfairly on doctors alone. There is also no separate provision to distinguish between ethical violations and negligence that requires compensation.

New areas such as telemedicine, artificial intelligence, nanotechnology, digital healthcare, and the storage of health information are expanding rapidly. However, the existing laws contain no clear guidelines on these modern developments. 

In view of all these challenges, the creation of a modern and effective Health Protection Act has become an immediate necessity. Such a law would play a vital role in protecting the health rights of citizens and ensuring accountability throughout the health system. If a modern and integrated Health Protection Act is introduced, it will help safeguard both patients and doctors, while establishing proper accountability, quality control, and good governance in all healthcare institutions.

Writer: Syed Mahbubul Alam , Lawyer, Bangladesh Supreme Court

The article was originally published in the print and online editions of The Daily Samakal and has been rewritten for the English version by Mohammed Humayun Kabir, Senior Sub-Editor.