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Doctors face lOyrs for malpractice

New law to hit parliament soon

Naimul Haq
Medical practitioners face up to 10 years in prison and Tk 10 lakh in fines for malpractice under a proposed law, titled Private Clinic and Diagnostic Centre Ordinance 2004, to be placed in parliament soon.
The law proposes fines of up to Tk 50,000 if any government doctor, consultant, nurse or paramedic is found serving in a private clinic, hospital or diagnostic centre during office hours.
Currently, there is no law to punish medical practitioners, nurses or technicians of diagnostic laboratories for maltreatment.
"Although one can file lawsuits for malpractice but it is often too
lengthy a process and expensive, too. It is also hard to prove charges due to lack of proper documentation of treatment," a lawyer requesting anonymity toldThe Daily Star.
The Bangladesh Medical and Dental Council (BMDC), where patients and relatives of victims can lodge complaints, has not functioned for a number of years due to a court order.
According to the BMDC, only two doctors challenged for malpractice in government hospitals had their licences temporarily suspended in thelast30years.
Clinics, hospitals and diagnostic centres not meeting government criteria for healthcare services face cancellation of their licences under the new law.
"The existing rules are not strong enough to prove offence of any private clinic or diagnostic centre. The best we can do is to bring charges against those clinics for malpractice and serve them with showcause notices," said Dr Md Rashid, director of Hospital and Clinic at the Directorate of Health Services (DGHS).
Private medical practitioners reject the Private Clinic Ordinance 1982 because it was formulated during the autocratic rule of former president HM Ershad.
The law proposes that all medical services post a chart of fees. It also stipulates that doctors have to follow the existing fees for private consultation - Tk 40 a visit and Tk 20 for each follow-ups - until a new schedule is set.
The Bangladesh Private Medical Practitioners Association (BPMPA), however, disputes some of the clauses of the proposed law and refuses to endorse it unless the clauses are changed.
"We strongly oppose the idea of law suits against medical practitio-
ners. We already have a body to monitor allegations of malpractice, negligence and other violations. Why ignore the BMDC and allow lawsuits against doctors?" asked Dr Muniruzzaman Bhuiyan, president of the BPMPA.
On the suspension of the BMDC's committee dealing with complaints, Dr Munir said, "The BMDC has a group of experts who are able to pass judgement on malpractice or negligence. So as long as we have that mechanism, why not force the government to makeitfunctional?"
About fixed rates of fees of private consultation, Dr Munir said, "In the open-market system there is no justification of having fixed rates."
He also said the Bangladesh Medical Association (BMA) and the BPMPA welcome initiatives that bring discipline to the sector, but the doctors must be consulted.