HC stays legal action order over patient’s death by negligence

The Appellate Division of the Supreme Court today stayed a High Court order that had directed the authorities concerned to take legal action over death of patients due to negligence in providing treatment.

Chamber Judge Justice Md Nuruzzaman stayed the order after hearing an appeal filed by Attorney General Mahbubey Alam.

Earlier yesterday, the HC passed the 11-point directive stating that deaths due to negligence in treatment is a "criminal offence".

It made the observation after hearing five separate writ petitions filed over similar incidents of patients' death due to being denied proper treatment during the coronavirus pandemic.

Justice Nuruzzaman also stayed seven points from the 11-point directive given by the HC on Monday.

The stayed directives are:

-- filing report on legal actions taken against people or authorities who have failed to follow the health ministry's directives being informed by the Ministry of Health and Family Planning and the Directorate General of Health Services (DGHS) about the number of Covid-19 and non-Covid-19 patients who received treatment from private hospitals and clinics with more than 50 beds and their list
-- directing the government to submit reports which are provided by private hospitals and clinics to the health ministry and DGHS every 15 days
-- directing the health ministry and DGHS to form a monitoring cell to provide proper health service to patients
-- making people's deaths due to negligence in providing treatment a criminal offence and direct the authorities concerned to take legal action if patients are denied treatment
-- ensuring separate Intensive Care Unit (ICU) hotline should be launched so that ailing people can easily contact ICU management and monitoring cell which will also restrict charging additional fee for treatment 
-- the health ministry and DGHS can activate National Disaster Response Coordination Group according to the section 14 of Digital Management Act-2012, considering the present coronavirus outbreak as a disaster 
-- requisition of private hospitals and clinics can be made following that committee's recommendations.

In response to five separate writ petitions, the HC bench of Justice M Enayetur Rahim yesterday ordered authorities concerned to ensure that no government or private hospital in the country refuses treatment to any patient -- infected with Covid-19 or not.

It also asked the government to strictly enforce the directives issued by the Directorate General of Health Services (DGHS) on May 11 and 24 for ensuring treatment of patients at all hospitals.