Case Number: Writ Petition No. 1827 of 2021
Date of filing: 08/02/2021
Petitioners
1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Academy for Law and Policy (ALAP)
Respondents
- Secretary, Ministry of Health.
- Director General, Ministry of Health.
- President, Bangladesh Medical and Dental Council.
Facts
The writ petition concerns the alleged failure of hospitals and clinics in Bangladesh to provide emergency medical treatment to critically ill patients. It refers to several incidents in which emergency patients were allegedly denied or unable to obtain treatment, including road-crash victims, an obstetric patient, a victim of political violence, a child suffering from dengue, and a critically ill patient during the COVID-19 pandemic. The alleged reasons for refusal or failure to provide treatment included financial inability, medico-legal complications, political considerations, lack of available beds, and inadequate equipment, expertise, or facilities. In May 2020, the DGHS issued directives requiring hospitals and clinics to make arrangements for COVID-19 patients and stating that hospitals with the necessary facilities should not refuse treatment. The petition also refers to the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982, and the Bangladesh Medical and Dental Council Act, 2010. Reference is also made to the 2018 judgment in Syed Saifuddin Kamal v. Bangladesh, pursuant to which guidelines were framed requiring emergency medical services for road-crash victims. The case raises the absence of a comprehensive legal framework governing emergency medical services for other critically ill patients and seeks directions for extending similar guidelines to all emergency patients.
Rule/Order/Judgment
Date: 12/09/21
Details
The High Court Division on 12.09.2021 issued Rule Nisi was issued calling upon the respondents to explain why their failure to ensure that public and private hospitals, clinics and medical practitioners provide emergency medical services to all persons in need should not be declared unlawful and violative of Articles 27, 28, 31 and 32 of the Constitution. The respondents were also asked to show cause why they should not be directed to:
- ensure that no hospital or clinic refuses emergency treatment;
- transfer patients to the nearest available hospital where the required emergency service is unavailable; and
- require an emergency department as a condition for new and renewed license of private hospitals and clinics.
Pending disposal of the Rule, the respondents were directed to immediately ensure access to emergency medical services and appropriate transfer of patients where necessary. They were further directed to prepare and submit, within 3 months, a list of all government and private hospitals and clinics having emergency departments, including a general description of those departments.
Justices
Mrs. Justice Farah Mahbub
Mr. Justice S.M. Maniruzzaman
Area of law
Keywords
Access to Emergency Medical Services for critically injured patients.
Relevant statute
Constitution, Articles 27, 28, 31 and 32
Date: 02/02/2022
Affidavit in Compliance
Respondent No. 2 has filed an affidavit-in-compliance in response to the directions issued by the Hon’ble High Court. The Respondent stated that several steps have been taken to ensure the availability of emergency medical services. A circular dated 02.02.2022 was issued directing hospitals, clinics and healthcare institutions to keep their emergency departments open.It was further stated that the Upazila Health Complexes were inspected and that emergency services, necessary equipment including oxygen cylinders, nebulizer machines and ECG machines, and required doctors and staff were available. The Government has also supplied necessary medical equipment, medicines and other essential materials to government hospitals and Upazila Health Complexes and taken measures to improve hospital infrastructure and healthcare facilities. The Respondent further stated that the concerned authorities remain vigilant regarding the issue and are taking various measures to improve emergency and general healthcare services.
Affidavit-in-Reply by Petitoner
Database Last Updated on: 2017-02-12 15:26:45