Healthcare sector in Bangladesh is facing a critical challenge— its growing commercialisation, driven by the absence of comprehensive regulatory legislation. Public health experts and rights activists have raised fear over the fact that healthcare, once a basic right, is now a significant financial burden for the majority of people. The lack of a strong legal framework has enabled unbridled medical negligence and allowed profit-driven practice to control, leaving patients vulnerable to financial burden and substandard care.
Although the number of healthcare services has grown over the years, regulatory reforms have lagged behind. Instances of medical negligence— ranging from misdiagnosis to improper treatment— has become alarmingly common. These issues have only compounded because of insufficient monitoring, a lack of Standard Operating Procedures (SOPs) and the absence of a well-structured liability mechanism. Subsequently, public trust in healthcare institutions has been severely eroded and many patients are left without proper recourse when things go wrong.
A webinar arranged by the Center for Law and Policy Affairs (CLPA) and Save the Environment Movement (Poba) emphasised the urgent need for a comprehensive healthcare law. Syed Mahbubul Alam, an expert in public health and policy, hinted that while there are about 45 laws that touch on healthcare’s several aspects, none are enough to regulate the sector comprehensively. Fragmented regulations like the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance of 1982 and the Consumers’ Right Protection Act fall short of addressing the healthcare management’s complexities and the increasing cases of negligence.
The legislation is necessary to safeguard patients’ rights,
ensure liability and also to
restore the
people’s faith in a healthcare system that should
prioritise care over profit
However, the Law Commission drafted a proposed health protection law aimed at closing these gaps in 2017. However, this draft has remained motionless for years, yet to be enacted. The proposed law outlines 65 articles and defines various forms of medical negligence, such as misdiagnosis, unnecessary treatment, delay in emergency care and the hospitals’ failure to maintain adequate medical supplies and equipment. It also proposes the formation of ‘Healthcare Dispute Resolution Tribunals’ to provide a structured mechanism for patients to file complaints, seek compensation and hold healthcare providers answerable.
Moreover, the draft law calls for responsibility among the healthcare system’s all of stakeholders, from doctors and nurses to medical institutions and equipment suppliers. This approach is needed for ensuring accountability and avoiding situations where individual medical professionals bear the entire burden of responsibility.
On the other hand, another important aspect of the proposed legislation is its stress on institutional liability. Hospitals and clinics would be required to meet stern standards, such as maintaining essential medical supplies, ensuring corruption control and properly documenting treatment results. The measure would significantly improve the quality of care and restore public trust in the healthcare system. The lack of legal recourse for victims of medical negligence often leads to frustration.
In extreme cases, even violence. Enacting the proposed health protection law would provide the general public with a clear path of justice while safeguarding that healthcare providers adhere to strict standards. The commercialisation of Bangladesh’s healthcare has become an alarming issue that must be addressed through inclusive legal reform.
The government must act rapidly to pass the long-delayed health protection law. This legislation is necessary to safeguard patients’ rights, ensure liability and also to restore the people’s faith in a healthcare system that should prioritise care over profit.
