Image description

Probe body for referral system, closure of illegal facilities

The High Court on Sunday raised serious concerns about widespread medical negligence across the country.


The bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury, raised the concern while taking up the case of five-year-old Ayan Ahmed, who died following a circumcision procedure at United Hospital Limited’s Badda branch on January 7, 2024.

The court noted that negligence in diagnosis and treatment had left ordinary citizens vulnerable.

‘Medical negligence is rampant everywhere. Patients are being experimented on with random prescriptions, often leading to severe organ damage. If this issue is not addressed strictly, it can result in catastrophic consequences,’ the court stated.

The High Court also set January 28 to hear a rule issued earlier, seeking Tk 5 crore in compensation for the death of Ayan.

On the same day, the court will also review the findings of the report of the five-member probe committee to investigate Ayan’s death, which highlighted severe medical negligence in the case.

The report was submitted to the High Court on Sunday.

Supreme Court lawyer ABM Shahjahan Akanda Masum and Ayan’s father, Shamim Ahmed, filed the writ petition on January 9, 2024, demanding justice and accountability for the loss of the child.

Lawyer Mohammad Shishir Manir, who has been allowed as an intervener in the case, is expected to argue for the establishment of an  independent authority led by health experts to investigate medical negligence. Shishir also brought attention to over 100 reported cases of medical negligence in the country, underlining the dire need for accountability in the healthcare sector.

The five-member probe committee report gave seven recommendations to improve the overall health management system in Bangladesh.

The proposals aim to address systemic inefficiencies, ensure quality healthcare, and reduce the burden on major cities.

The committee recommended implementing a referral system where patients can consult specialist physicians only upon referral from a general practitioner.

This approach aims to streamline treatment procedures and alleviate the overwhelming patient load in Dhaka and divisional cities.

The committee emphasised the need to shut down unplanned, substandard diagnostic centers, hospitals, and medical colleges. It called for stringent regulatory measures to ensure the quality of healthcare facilities nationwide.

The Directorate General of Health Services informed the court in February 2024 that out of 15,233 licensed private hospitals and clinics in Bangladesh, only 4,123 had renewed their licenses. 1,027 hospitals and clinics were found to be operating without any license.

The probe report recommended effective measures to regulate the use of antibiotics to ensure that they are prescribed only when necessary.

The committee also stressed that treatment should only be provided by physicians registered with the Bangladesh Medical and Dental Council.

The committee highlighted the importance of enforcing existing healthcare laws to guarantee citizens’ rights to quality medical services. It also suggested reforms and modernisation of outdated laws, if needed.

An increase in health sector allocation to 5 per cent of the GDP was recommended. Ensuring proper utilization of funds to provide equitable healthcare services for all citizens was also recommended.

The committee suggested introducing incentives for physicians, nurses, and healthcare administrators to promote good institutional practices and enhance service delivery.

The five-member specialised probe committee, in its report prepared on January 6, 2025, in compliance with a High Court directive, held Satarkul-based United Medical College and Hospital responsible for the death of Ayan.

The report revealed that the hospital, still under construction, was operating without a license from the DGHS and was not legally authorised to provide medical treatment.

It highlighted severe lapses in pre- and post-operative care, procedural violations, and unethical behavior by the hospital staff.

The report stated that Ayan’s medical team failed to administer nebulization before the circumcision surgery and did not inform his parents or guardians adequately about the risks associated with the procedure.

Anesthesiologist Syed Sabbar Ahmed was found to have acted carelessly and lacked an assistant during the surgery, violating standard medical practices.

The probe noted that United Medical College and Hospital lacked the necessary infrastructure to perform surgeries, including facilities for emergency post-operative care.

While Ayan was undergoing treatment at the Gulshan-based United Hospital, physicians and administrative staff reportedly behaved harshly with his parents and relatives.

Moreover, the hospital forced the family to pay Tk 5,77,257 in medical bills before releasing Ayan’s body, an act the committee described as ‘inhumane’.

The committee recommended immediate action to shut down unauthorised hospitals and clinics that were providing healthcare services illegally.

It recommended that the health ministry and the DGHS should introduce a standardized, countrywide consent bond for all medical procedures. The bond must clearly outline treatment risks and outcomes in a language understandable to patients and their guardians.

The committee called for legal action under the Bangladesh Medical and Dental Council Act against anesthesiologist Syed Sabbar Ahmed, physician Tasnuva Mahjabin, and the Satarkul-based United Medical College and Hospital for their negligence and illegal operations.

The report urged strict punitive actions against institutions operating without proper authorization.

Shaheed Suhrawardy Medical College former professor and anesthesiology department’ head ABM Maksudul Alam, Bangabandhu Sheikh Mujib Medical University’s pediatric surgery professor Susankar Kumar Mandol, Dhaka University law professor Sheikh Hafizur Rahman Karjon, Bangladesh Shishu Hospital and the institute’s pediatric surgery department head M Aminur Rashid and National Institute for Preventive and Social Medicine’s associate professor Sathi Dastidar are the members of the probe committee.