life-saving surgery of accident victims
No need to wait for kins consent
Govt finalises draft health service policy
MUAMMAD YEASIN
The government has finalised the draft health service policy, which states that from now on doctors can perform life-saving operations on road accident victims without waiting for the permission of their family members. No one can take legal action against doctors if anyone dies following such an operation, says the draft policy. However, if the doctors or others working in the health department refuse to treat emergency patients according to the health ministrys policy, their behaviour would be considered as gross misconduct.
The draft policy says that though legal complexities may rise, doctors should not delay in treating seriously injured road accident patients. The doctors must even treat such patients without considering their financial ability, it adds.
On February 10 last year, a man called Syed Saifuddin Kamal filed a writ petition in the High Court (HC), seeking its directive to ensure quick treatment of road accident patients. Later, the HC directed the government to formulate a health service policy to ensure emergency treatment of road accident patients. Accordingly, the health ministry formulated the draft policy to ensure quick treatment of accident patients. Many road accident victims die and many lose their ability to work simply due to the lack of emergency treatment.
Assistant attorney general Md Jakir Hossain submitted the draft health service policy before the HC bench of Justice Syed Refat Ahmed and Justice Md Salim. The bench will hear the matter in October.
The HC bench requested the petitioners lawyersBarrister Sara Hossain, Barrister Rasna Imam, and Barrister Anita Gazito submit their recommendations regarding the draft policy, if any.
The draft policy says that before even setting up a hospital, its authority has to meet all requirements and procure all the necessary equipment to ensure the smooth operation of hospital activities. No hospital authority can refuse a road accident patient if they have the facility to provide treatment to him/her, the policy states.
If any hospital authority or doctor delays in providing treatment to such a patient, the government can take administrative action against such hospitals, as it is the duty of the hospital authority to provide treatment to injured people.
The policy also states that the police should not harass or take legal action against road accident patients before providing them with treatment. Before starting any legal procedure, the police officer concerned has to take steps to ensure the treatment of the patient, the policy says.
Law enforcers will arrange the vehicle to take the patient to hospital if an ambulance cannot be found. The doctor will be careful with the treatment, especially if the patient is a child, says the draft policy.
In July this year, the National Committee to Protect Shipping, Roads, and Railways stated in a report that at least 2,297 people were killed and 5,480 injured in road accidents in the last six months. According to the report, 3,412 people were killed and 8,572 were injured in 2,998 road accidents in 2016, while 4,592 people were killed and 14,026 were injured in 2015.
