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The endless wait

The doctors' council ignores complaints against wrong treatment

Naimul Haq
For patients seeking redress to wrong treatment, the wait can be endless.
In the last five years, the Bangladesh Medical and Dental Council (BMDC) disciplinary committee accepted 55 complaints out of more than 300.
But none of them has been resolved as the disciplinary committee has not functioned for five years, Dr Zahedul Haq Basunia, registrar of the BMDC, told The Daily Star last week.
Up to six complaints are lodged every month with the BMDC. They
include criminal negligence like injecting wrong drugs, prescribing wrong medicine, wrong blood transfusion and performing unnecessary surgery.
The BMDC registrar said a court stay order was issued on a general meeting of the council on October 7, 1997, preventing the council
from holding any general meeting until the case is vacated.
Since then the lone disciplinary committee has not been able to meet and review the complaints.
Professor Abu Ahmed, BMDC president, whose three-year tenure expired long ago, challenged the age limit for membership to the
council and filed a writ petition. The council's constitution states that no member will be above the age of 65.
"We could not take action, as the five-member committee is not working since 1997," he said.
Contradicting the registrar's statement, Prof Ahmed said there is no constitutional bar to taking action and finds no reason why the committee should not meet.
"I don't see any problem. The stay order does not prevent the committee from holding a meeting and it is wrong to say there is a legal bar," said Prof Abu Ahmed.
The BMDC, an independent body, can take action against any registered medical practitioner if found guilty, but only two doctors have been subjected to disciplinary action since 1971 and their registration was cancelled temporarily.
"Most complainants fail to fulfil the criteria for a formal charge and about 90 per cent of such complaints are rejected," said the registrar.
A number of patients, preferring anonymity, said the BMDC does not consider some complaints as the accused doctors often exert influence on it -- an allegation rejected by the registrar.
"Anyone is free to lodge a complaint, but it has to be valid so that we can process the case. Many complainants don't provide required information or give up halfway through without submitting documents," said Dr M Arman Hossain, assistant registrar.
Another complication arose after death of the chairman of the disciplinary committee, Professor Anis Waiz, last year.
The BMDC needs to call a general meeting to elect a new chairman, which was not possible.
The council comprises members of parliament, senior officials of the army medical corps, health directorate, deans of medicine faculties of universities, legal experts and private medical practi-
tioners.
Many pending cases have been resolved through negotiations allegedly under pressure from the accused, said sources.
"Inaction of the BMDC leaves doctors with absolutely no responsibility towards the patients," says a patient.
The maximum punishment the BMDC can execute is cancel registration of a doctor permanently or temporarily.