Tough to prove negligence under Medical Council laws

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Taskina Yeasmin
Published : 08:00, Jul 20, 2018 | Updated : 20:52, Jul 21, 2018

Tough to prove negligence under Medical Council lawsAmid news headlines of the death of a 3-year-old child in Chattogram allegedly for doctors’ negligence, the Bangladesh Medical and Dental Council (BMDC) says proving medical negligence is almost impossible in line with its existing regulations.
The regulatory body of physicians said on Wednesday that it has opened an inquiry over the Chattogram child’s death in line with the government’s order.
“Proving negligence becomes tough, if the patient’s relatives do not consult a second doctor after levelling allegations,” BMDC Registrar Jaehdul Alam Basunia said.
The logic behind that is the patient may have recovered on treatments by the second doctor. It’s only the second doctor, who can ascertain that the previous diagnosis was incorrect, he added.
The BMDC takes an allegation into its cognisance only if the diagnosis and the treatment advised by the doctor vary, says Basunia.
“If allegations are levelled in spite of a match between the diagnosis and the advised treatment, then diagnosis reports from at least two other doctors are required. Otherwise negligence cannot be established.”
ABM Abdullah, who teaches at the Bangabandhu Sheikh Mujib Medical University (BMSSU), however, disagrees with the BMDC’s requirement of a second doctor’s opinion.
“There have been cases of wrong treatment and negligence. If there’s an allegation, true or false, it has to be investigated properly. Whether the patient consulted a second doctor is not an issue. Inquiry by panel consisting of specialists will do the job,” the chief of Internal Medicine at BSMMU told Bangla Tribune.
His colleague Professor Harisul Haque echoed.
“A case of negligence can only be established if at least three specialist doctors find it to be true,” he told Bangla Tribune.
It’s only natural of patient’s relatives to float allegations of negligence, says Samanta Lal Shen, the coordinator of Dhaka Medical College Hospital’s burns unit.
“In case of medical malpractice or negligence, a judicial medical board should be formed for the inquiry.”
The BMDC says it has received 193 complaints against doctors between 2010 and this year’s Jul 18. Of which, more than 100 have been disposed of and the rest were not taken into cognisance as they were not filed following due process.
According to regulatory body for physicians, negligence and misbehaviour by doctors, medical malpractice, verification of credentials, foreign doctors practicing without registration account for majority of the complaints they deal with.

/zmi/
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