On a regular basis, Bangladesh witnesses numerous instances of medical negligence, some of which make way to newspapers. The victims in most cases are ordinary citizens with no financial or political power, who often do not know how to remedy such violations.  A crucial challenge in addressing medical negligence is that the victims often do not even know that their rights are being violated, they simply bear the burnt. 

In order to increase public awareness on medical negligence and its legal remedies in Bangladesh, 'iProbono Bangladesh' organised the first ever virtual street law campaign on the tortious remedies of medical negligence.  14 enthusiastic law students conducted sessions throughout February for 70 participants using interactive methods of role playing, open discussion, group presentation, online quiz, and many more. Throughout the campaign, participants came to know about the basics of medical negligence and the remedies under tort law.

During this campaign, the street lawyers discussed how every right has its corresponding duty and how they may avail tortious remedies in case people suffer any loss. The street lawyers also talked about the three elements of tort:  a) a pre-existing right of a person, b) the duty of other person(s) to respect that right and c) how the lack of correspondence between right and duty results in loss or damage and thereby becomes a tortious wrong. The participants applied these three elements in every case study during the sessions and tried to identify whether a particular incident was tortious wrong or not.

Legal remedies for torts like medical negligence are still at their nascent stage of development in Bangladesh. Our court structures as well as processes and colonial statutes are difficult for a lay person to follow. The sessions aimed to help the participants understand the nuances of the legal processes by using interactive visuals. The visuals were on how to file a civil tort suit, where to file the same, suit valuation etc. The related statutes were also discussed, which included the Constitution, the Penal Code 1860, the Consumer Right and Protection Act 2009, the Bangladesh Medical and Dental Council Act 2010, etc. The sessions explained how a victim can choose to either pursue a civil money suit, or in the alternative, request to cancel or postpone the license of the concerned doctor or hospital in question.

The sessions also discussed constitutional tort remedies: when there is no available ordinary statute to ensure a satisfactory remedy for the damage caused to the victim, one can finally file a writ petition with the High Court Division of the Supreme Court under Article 102 of our Constitution. The participants also studied some landmark judgments on constitutional tort in this regard. Moreover, the participants were provided the contacts of Ain O Shalish Kendra (ASK), District Legal Aid Office, BLAST and iProbono in case they face any difficulties while going through the procedures they learnt.

Tort is one of the least practiced laws in the context of Bangladesh. One can also choose to file a tort suit along with a criminal case. But it is only tort which can provide damages to the victims of medical negligence. Therefore, more people should claim their rights against medical negligence via tort law.

The writer is student of law, University of Dhaka.