Date of filing
Petitioners:
- Rezaul Haque
- Niveen Reza
- Tasmia Afroz
Intervenor:
BLAST
Respondents
- The Secretary, Ministry of Health and Family Welfare
- The Director, Directorate General of Health Services (DGHS)
- The President, Bangladesh Medical and Dental Council (BMDC)
- The Managing Director, Labaid Specialized Hospital
- Professor Dr. Mamun Al Mahtab (Shwapnil)
Facts:
The present writ petition arises out of the death of Raahib Reza following an upper gastrointestinal endoscopy procedure conducted at Labaid Specialized Hospital, Dhanmondi, Dhaka, on 15 February 2024. Prior to the procedure, Raahib had consulted Prof. Dr. Mamun Al Mahtab (Shwapnil) on 11 February 2024 for gastric discomfort and excessive burping, following which he was advised to undergo diagnostic investigations and an upper gastrointestinal endoscopy.
According to the Petitioners, before the scheduled endoscopy, Raahib had certain pre-existing health conditions and risk factors, including obesity and obstructive sleep apnea, which required proper pre-procedure evaluation and precautionary measures. The Petitioners allege that despite the availability of relevant medical reports, adequate assessment and review were not conducted before administering anaesthesia and proceeding with the endoscopic procedure.
During the endoscopy, Raahib suffered a cardiac arrest and his condition subsequently deteriorated, requiring intensive care and life support. Despite treatment, he died at Labaid Specialized Hospital on 19 February 2024.
Following his death, the Petitioners, being the family members of the deceased, filed Writ Petition No. 3022 of 2024 before the Hon’ble High Court Division, alleging gross medical negligence and failure of the concerned authorities to take appropriate action regarding the incident.
Rule: Rule Nisi and direction
On 11 March 2024, the Hon’ble High Court Division, comprising Justice K.M. Kamrul Kader and Justice Khizir Hayat, upon hearing the writ petition filed by the Petitioners, was pleased to issue a Rule Nisi calling upon the Respondents to show cause as to why:
- The failure of Respondent Nos. 1–3 to take appropriate action against Respondent Nos. 4 and 5 for alleged gross medical negligence causing the death of Raahib Reza should not be declared to have been made without lawful authority and to be of no legal effect.
- The Respondents should not be directed to pay compensation of Tk. 10,00,00,000/- (Ten Crore Taka) or more to Petitioner Nos. 1 and 3, being the dependents of the deceased Raahib Reza.
- The Respondent Nos. 1–3 should not be directed to establish a permanent Specialized Board for dealing with and inquiring into cases of medical negligence in Bangladesh.
Pending disposal of the Rule, the Hon’ble Court directed Respondent No. 1 to constitute an independent expert committee consisting of specialists from relevant fields, including:
• an Anaesthesiologist;
• a Gastroenterologist;
• an Intensivist (ICU Specialist); and
• a Cardiologist.
The committee was directed to conduct a comprehensive inquiry into the circumstances surrounding the death of Raahib Reza within 15 (fifteen) days from the date of receipt of the Court’s order.
The Hon’ble Court further directed Respondent No. 1 to submit the inquiry report regarding the death of Raahib Reza before the Court within 04 (four) months from the date of the order without fail.
Details
Justices
Justice K.M. Kamrul Kader and Justice Khizir Hayat,
Area of law:
Article 27 of Bangladesh Constitution.
Keywords
Medical Negligence
Relevant statute
Constitution of Bangladesh
Details