Legal Frameworks of Medical Negligence and Malpractice in Bangladesh and India

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.