Ayaan, a five-year-old child, passed away at United Medical College Hospital in Dhaka following his circumcision. His family claims they did not give permission for complete anesthesia. A police inquiry is still underway, and authorities have established an inquiry committee. The hospital asserts that it follows policy and refutes any misconduct.
Experts in medicine warn against using anesthetics on youngsters and thus, there may be legal action. That could be a medical negligence case under tort law, but further investigation is necessary to determine conclusively.
Elements of medical negligence
Medical negligence in tort law refers to a healthcare provider's failure to provide the patient with the expected standard of care, which leads to the patient's harm. The following elements need to be established to establish medical negligence:
- Duty of care: The patient owed the healthcare provider a duty of care. In this instance, it was evident that the United Medical College Hospital physician had a duty of care to Ayaan.
- Duty breach: By not providing the required level of care, the healthcare provider violated their duty of care. This could involve several things, including inappropriate use of anesthetic, treatment delay, and attending class while undergoing surgery, where it can be argued that the doctor failed to prioritize Ayaan's care if he was detained in the operating room for a class while his condition grew worse.
- Causation: The patient must have suffered harm due to the healthcare provider's negligence. In this instance, obtaining medical expert testimony and reviewing medical records would be necessary to show a causal connection between the alleged carelessness and Ayaan's demise.
- Damages: The medical professional's negligence caused the patient to incur injury. The most significant harm in this situation would be Ayaan's passing.
Challenges in determining negligence
It's crucial to remember that identifying medical negligence is frequently tricky and necessitates the advice of a specialist physician. The news article presents several issues, but more is needed to conclude negligence. Among the difficulties are:
- Inaccurate information: The news article omits Ayaan's medical background, the precise rationale behind administering total anesthesia, and the nature of the purported treatment delays.
- Differing accounts: Ayaan's uncle asserts that a class was taken during surgery, but the hospital disputes this.
- An expert study of the case is required to determine if the standard of care was met and whether the claimed acts or omissions directly caused Ayaan's death.
Potential consequences under the tort law
- Compensation: To cover medical costs, missed wages, pain and suffering, and other losses resulting from Ayaan's passing, his family may get financial support.
- Disciplinary action: After reviewing the case, the Bangladesh Medical and Dental Council (BMDC) may decide to suspend or revoke the licenses of the doctors or doctors involved as a form of discipline.
- Criminal charges: Depending on the particulars and the conclusion of the inquiry, criminal charges may be brought against the participating healthcare providers.
Even if the scenario raises severe questions regarding possible medical negligence, more research and professional analysis is required before coming to firm conclusions. Ayaan's family should speak with an experienced attorney focusing on medical malpractice claims if they choose to take legal action.
Momotaj Akter Akamoni, Zarrin Tasnim Mouri, and Mst Samina Akter Rumi are freelance contributors and students of law.
