THE ELUSIVE HEALTH CARE SYSTEM AND PROBLEMS IN

BANGLADESH

Submitted By
Sheikh Sadia Anjum

Supervised by
Mousumi Kabir Sumi
Assistant Professor

February 2020

DEPARTMENT OF LAW
STAMFORD UNIVERSITY BANGLADESH
 THE ELUSIVE HEALTH CARE SYSTEM AND PROBLEMS IN
BANGLADESH

Submitted By
Sheikh Sadia Anjum
ID: LL.B 06009482

A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of LL.B. (Honours)
Department of Law, Stamford University Bangladesh

Supervised by
Mousumi Kabir Sumi
Assistant Professor
Department of Law

February 2020

DEPARTMENT OF LAW
STAMFORD UNIVERSITY BANGLADESH
 LETTER OF TRANSMITTAL
To

Mousumi Kabir Sumi

Assistant Professor
Department of Law
Stamford University Bangladesh

Subject: Submission of thesis paper.

Dear Madam,

It is a great pleasure to submit my thesis on ‘The Elusive Health Care System and Problems
in Bangladeshi’ have given best efforts to finish the thesis with relevant information that I
have collected from various sources. I have concentrated my efforts to achieve to objectives
of the work and hope that my endeavor will serve the purpose. I shall be grateful and obliged
if you kindly accept may thesis and evaluate it.

Sincerely yours,

--------------------------
Sheikh Sadia Anjum
ID: LL.B 06009482
Department of Law
Stamfrod University Bangladesh
 CERTIFICATION

This is to certify that the dissertation on The Elusive Health Care System and Problems in
Bangladeshi’ is done by Sheikh Sadia Anjum, Batch-60 A, LL.B 06009482, in partial
fulfillment of the requirements for the degree of LL.B. (Honours) from Stamford University
Bangladesh. The dissertation has been carried out under my guidance and is a record of the
bona-fide work carried out successfully.

-------------------------------
Mousumi Kabir Sumi
Assistant Professor
Department of Law
Stamford University Bangladesh
 DECLARATION

I hereby do solemnly declare that, the work presented in this thesis has been carried out by
me and has not been previously submitted to any other institutions. The work I have
presented does not breach any copyright. I further undertake to indemnify the university
against any loss or damage arising from breach of the forgoing obligations.

--------------------------
Sheikh Sadia Anjum
ID: LL.B 06009482
Department of Law
Stamfrod University Bangladesh
 ACKNOWLEDGEMENTS

At first, I present my due rewards to all mighty, who have provided me with the valuable
opportunity to build and compete this report successfully with Sincere and sound mind.
I would like to express my gratitude to my supervisor Mousumi Kabir Sumi, Assistant
Professor, Department of Law for her guidance during the dissertation program. Her
suggestions and comments were really a great source of spirit to make the report a good one.
Finally, I would like to thanks my parents from the bottom of my heart for their
endless support and encouragement.

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 ABSTRACT

Medical negligence is a kind of professional negligence by the medical professionals such as

doctors, nurses, and hospital authorities. Duty towards patient must be standard. Medical
negligence is one of the causes for which duty towards patient falls below the required
standard. When there is negligence or lack of reasonable care on the part of the medical
professionals, and concerning medical authorities, the negligence or lack of reasonable care
may be said as medical negligence. Now medical negligence is a common affair in public as
well as private hospitals in Bangladesh. The doctors, nurses, stuffs of hospitals and hospital
authorities are mainly responsible for medical negligence. Due to medical negligence, the
victims may face unrecoverable damage such as he may be injured, lose any organ or may
die. Though there are Constitutional remedies, civil and criminal remedies, departmental and
statutory remedies for medical negligence, the victims are always deprived from these
remedies for the loopholes of law as well as for the negligence of law enforcement agencies.
The government should enforce legal measures under the existing relevant laws along with
enacting new laws to ensure legal remedy for the victims of medical negligence.

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 TABLE OF CONTENTS
Page No.

Acknowledgements vi

Chapter 1
INTRODUCTION

Chapter 2
ELUSIVE CONCEPT DESERVES DEFINING
2.1 What it means to be elusive? 3
2.2 The concepts of health 3
2.3 The concept of health and disease 3
2.4 The difference between illness and sickness 3
2.5 The Purpose of the Health System 4
2.6The examples of acute care 4
2.7 Definition of Negligence 4
2.8 Essential of a suit for Negligence 6
2.9 Essentials of a suit for Medical Negligence 7
2.10 Defenses to an action for negligence 7

Chapter 3
REAL CONDITIONS OF THE HEALTH SECTORS AND THE
HOSPITAL OF BANGLADESH
3.1 The state of our health sector 10
3.2 Hospitals, doctors and heath care 10
3.3 Melamine in milk 12
3.4 Chart: health condition of Bangladesh at a glance 13
3.5 The conditions of the Hospital of Bangladesh 15
3.6 Bangabandhu Sheikh Mujib Medical University Hospital 16
3.7 Lab Aid Hospital: 19
3.8 BITDEM Hospital 21
3.9 City Hospital 22

Chapter 4
REMEDIES UNDER THE LAW OF BANGLADESH FOR MEDICAL
NEGLIGENCE
4.1 Introduction 24
4.2 Constitutional Remedies 24
4.3 Remedies under Human Rights Law 26
4.4 Departmental Remedies 26

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4.5 Statutory Remedies 28
4.6 Civil Remedies 28
4.7 Criminal Remedies 29

Chapter 5
RIGHTS AND LIABILITIES OF DOCTORS AND PATIENTS
5.1 Rights of the Patients 34
5.2 Patient's Bill of Rights 35
5.3 Duties of the Patients 36
5.4 Rights of the Doctors 38
5.5 Right to Delegate Power 40
5.6 Duties of Doctors in General 41
5.7 Duties of Doctors to the Sick 42
5.8 Duties of Doctors to Each Other 42

Chapter 6
CONCLUSION
6.1 The Summary of Findings is given Bellow 43
6.2 Recommendations: 43
6.3 Conclusion 44

REFERENCES 45

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