Urgent need for patient protection laws

In an age rife with healthcare complexities, there has been a greater need for stringent patient protection laws. In light of increasing apprehensions regarding medical errors, escalating expenditures, and inequities in access, it is imperative to pass legislation that protects the rights and welfare of all individuals in search of medical attention. This article espouses the adoption of all-encompassing legislation that seeks to establish accountability, transparency, and high-quality care provision mechanisms within the healthcare sector. Patient protection must be accorded the utmost importance as a foundational element of our healthcare framework.

The fundamental tenet of any efficacious legislation safeguarding patients is informed assent. Before making decisions regarding their care, patients have the right to be completely apprised about their medical conditions, treatment options, and potential risks and benefits. Nevertheless, research has demonstrated that numerous patients are frequently coerced or uninformed into undergoing procedures without comprehending their ramifications. This underscores the pressing necessity for legislative measures that not only require informed consent but also guarantee that healthcare providers effectively convey information in a concise and easily comprehensible fashion.

Furthermore, it is imperative that patient protection legislation tackles the persistent menace of medical errors, as they fundamentally affect the well-being of patients. Mistakes in the medical field, whether the result of oversight, breakdowns in communication, or systemic deficiencies, can engender severe repercussions for patients and their families. Legislators have the ability to avert the prevalence of these errors and foster a climate of openness and responsibility within the healthcare system through the adoption of accountability mechanisms for healthcare providers, mandatory reporting of adverse events, and standardized protocols for error prevention.
Notwithstanding the presence of legislation, deficiencies endure in guaranteeing comprehensive safeguards for patients. Although fundamental, the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance of 1982 is insufficient in its ability to tackle present-day healthcare issues. The Shastho Sheba O Shurokkha Ain, 2023 (Draft) exhibits potential through its inclusion of provisions that address gender-sensitive healthcare services, digital record-keeping, and expedited case resolution. Nonetheless, significant deficiencies persist, including insufficient provisions for marginalized populations, supervision of nascent technologies such as artificial intelligence and telemedicine, and guaranteeing transparent regulation of foreign medical practitioners.Medical malpractice continues to operate in Bangladesh, despite the implementation of numerous laws designed to safeguard patients.

Regrettably, official prevalence statistics on this issue are currently unavailable. Despite being operational, the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance of 1982 has become antiquated and no longer demonstrates efficacy. Although a Shastho Sheba O Shurokkha Ain, 2023 draft does exist, it has encountered resistance and remained unenacted.

Patient protection in the medical field in Bangladesh remains inadequate, despite the existence of several laws designed to safeguard patients rights. These laws include Section 23 of the Medical and Dental Council Act 2010, Article 15 & 18 of the Constitution, and Section 19 of the Code of Civil Procedure, 1908. Numerous instances of medical malpractice transpire annually in low-income and middle-income nations, leading to substantial physical damage and fatalities. These incidents are not unique to Bangladesh, despite the absence of precise statistics. Private laboratories and clinics are governed by regulations, but their effectiveness remains a concern.

Nevertheless, specific provisions of the draft exhibit potential, including Section 7. This section puts forth precise schedules for license cancellation proceedings in an effort to guarantee prompt resolution and compliance with the tenets of natural justice. In regard to waste management in hospitals, Section 9 seeks to improve the atmosphere, whereas Section 17 implements a digital register system to streamline the administration of patient data. Section 12(5) requires emergency departments to be present in all licensed hospitals, and Section 14(1) mandates the presence of gender-sensitive assistants in private medical practices to facilitate patient communication.

In light of these shortcomings, it is imperative to incorporate amendments and clarifications into the legislative draft. Bangladesh has the potential to bolster patient protection by taking cues from global standards, including the Universal Rights of Patients, which was endorsed by the National Human Rights Commission of India. Particular reforms consist of:

1.    Precise Definitions: In order to prevent ambiguity and guarantee uniform application, the legislation ought to furnish unambiguous interpretations of pivotal terms.

    The implementation of a tribunal system, similar to the one observed in India, has the potential to streamline the resolution of disputes and guarantee equitable recompense for complaints lodged by patients.
2.    Comprehensive Patient Rights: It is imperative that the law ensures the protection of essential patient rights, such as unbiased referral procedures devoid of commercial influence, and institutes mechanisms to promptly address grievances.
    In order to promote fairness in the administration of justice, it is recommended that regulatory bodies establish regional offices to accommodate patients residing in remote regions.

3.    Legislative Streamlining of the Investigation Process: In order to enhance case resolution speed without compromising justice, the legislation ought to optimize the investigation process while upholding its meticulousness.

In addition, by expediting investigative procedures and decentralizing complaint mechanisms beyond the city limits of Dhaka, accessibility for marginalized populations can be improved. Although the proposal incorporates provisions to enhance healthcare assurance, apprehension persists regarding the protracted judicial process.

Implementing efficacious legislation to safeguard patients is not solely a legal requirement, but also a matter of moral conscience. By acknowledging the constraints of current legislation and integrating globally recognized standards, Bangladesh has the potential to guarantee universal access to high-quality healthcare for all its populace. The present moment demands that legislation be implemented that genuinely protects the rights and well-being of patients.

The writer is from Department of Law and Human Rights, University of Asia Pacific