Govt drafts 2 laws to protect patients, healthcare workers

If any person leads, participates in, or incites any organised group or riot that results in an attack or assault on a healthcare worker or healthcare institution, they may face up to 10 years in jail, or a fine of up to Tk 15 lakh, or both.

It added that if such a riot or organised attack results in the death of a healthcare worker, the offender will face the maximum punishment for murder or life imprisonment under the Penal Code-1860.

On the other hand, if any healthcare worker or healthcare provider intentionally or through gross negligence commits an act that results in serious harm to or the death of a patient, it shall be considered a criminal offence punishable by up to seven years in jail or a fine of up to Tk 7 lakh, or both.

However, damage caused by ordinary negligence shall not be considered a criminal offence and shall generally be resolved through civil remedies or professional disciplinary measures.

These are some of the sections of two draft laws -- the Health Service Workers and Institutions Protection Ordinance-2025 and the Patient Protection and Remedy Ordinance-2025 -- prepared by the health ministry.

The draft laws were prepared in line with the recommendations of the Health Sector Reform Commission at a time when allegations of medical negligence are mounting, while reports of attacks on healthcare workers and institutions are also increasing.

Prof Liaquat Ali, a member of the commission, said the draft of the National Health Protection Act prepared under the previous government was inadequate and contained several inconsistencies.

The commission wrote to the government, advising it not to proceed with the previous draft and instead to enact a new law that properly addresses all necessary issues, he told The Daily Star yesterday.

Following the expert recommendations, the interim health administration decided to prepare two separate laws, a health ministry official said.

The ministry has called a stakeholders' meeting today to review the drafts. Representatives from relevant government agencies and professional bodies will join the discussion, the official, preferring anonymity, said.

HEALTH WORKERS PROTECTION ORDINANCE

In the preamble, the draft cites the rising number of attacks, threats, and vandalism targeting doctors, nurses, other healthcare workers, and healthcare institutions.

All such incidents are disrupting healthcare delivery, endangering public health, and violating healthcare workers' right to a safe workplace. Therefore, the ordinance aims to safeguard healthcare services by ensuring protection for medical professionals, it reads.

Under its graded penalties, anyone who assaults, injures, or attempts to cause physical or mental harm to a healthcare worker faces five years in jail, or a Tk 5 lakh fine, or both.

If the attack causes serious injury, the punishment increases to seven years in jail or a Tk 10 lakh fine, or both. Intentional or malicious damage to healthcare institutions or property, including equipment, machinery, or furniture, may invite up to seven years in jail or a Tk 10 lakh fine.

Obstructing emergency or routine medical services will be punishable by three years in jail or a Tk 3 lakh fine. Filing false complaints or harassing healthcare workers may result in two years in jail or a Tk 2 lakh fine.

All offences under this ordinance must be investigated within a fixed timeframe, and charge sheets submitted to the Speedy Trial Tribunal, the draft adds.

PATIENT PROTECTION ORDINANCE

The draft's preamble states that the ordinance is necessary to prevent avoidable harm in healthcare, protect patients' rights, and establish a fair and timely redress mechanism for those harmed due to medical negligence.

It requires every healthcare institution to promptly review and document any "serious adverse event" or unexpected death related to treatment.

Serious adverse events include surgery on the wrong patient or organ, retention of "foreign material" in the body after surgery, and serious medication errors resulting in death or permanent harm, the draft explains.

However, these reviews shall not automatically trigger legal proceedings in cases of alleged misconduct or negligence.

Before approaching court, parties may voluntarily resolve disputes through Alternative Dispute Resolution, which may include compensation, corrective measures, or apology.

Criminal liability for medical negligence will apply only when the conduct of a healthcare worker amounts to intentional harm, fraud, or criminal negligence under the Penal Code.

If any person without proper authorisation provides healthcare services or performs duties beyond their remit, it shall be treated as wilful negligence punishable by up to 10 years' imprisonment, or a fine of Tk 10 lakh, or both.

To ensure prompt case disposal, the government will establish Medical Negligence and Patient Rights Tribunals. Each tribunal will be chaired by a district and sessions judge or additional district and sessions judge, and will include two impartial medical experts and one patient rights representative as members.

A complainant may file a case within one year of discovering injury or harm, and each tribunal must dispose of cases within a specified timeframe.

However, this ordinance shall in no way prevent the Bangladesh Medical and Dental Council from taking punitive action for professional misconduct within its jurisdiction, the draft added.