Doctors’ strike unethical, says High Court judge

A High Court judge has said it is ‘wrong and unethical’ for doctors to go on strike to justify “mistakes”.

“Doctors are not gods. It’s natural for them to make mistakes. Mistakes are not wrongful, but calling a strike to justify the mistakes is wrongful,” said Justice FRM Nazmul Ahasan.

His comments that came on Monday during the hearing of a writ petition on ‘wrong treatment’ referred to a strike at private hospitals in Chattogram.

Justice Ahasan and Justice KM Kamrul Kader were hearing a rule issued on a writ petition filed over the lost eyesight of 20 people following cataract surgeries at Impact Masudul Hoque Memorial Community Health Centre in Chuadanga.

In Chattogram, Health Minister Mohammed Nasim ordered action against the doctors of Max Hospital after their negligence was found in an investigation into the death of a child.

When a Rapid Action Battalion mobile court fined the hospital Tk 1 million for irregularities in a drive on Sunday, the private hospitals in the port city suspended services for new patients in protest against the drives.

They resumed services after a 20-hour halt on Monday following ‘assurances’ from the authorities.

Referring to the strike in Chattogram, Justice Ahasan said: “To err is human. We (judges) also make mistakes. There is a Supreme Court to correct our mistakes.”

“But it will be unethical if the doctors go on strike after facing action for mistakes,” he said.

“People seek help from police, lawyers and doctors when they face any danger. If their professionalism is jeopardised because of some miscreants, people will fall in grave danger.”

The High Court on Apr 1 issued the rule asking the authorities why Tk 10 million should not be given in compensation to each of the 20 people who lost their eyesight following cataract surgeries at the community health centre in Chuadanga in March.

The court asked the hospital authorities why legal action should not be taken against them for negligence in ensuring safe environment for surgeries. It also wanted to know why the physician who conducted the surgeries should not be brought to book.

The hospital, the health secretary, the home secretary, the director general of the Directorate General of Health Services, the Chuadanga civil surgeon, the deputy commissioner, the superintendent of police, Dr Md Shahin and two others were made respondents to the rule.

As they did not respond within the stipulated time, two weeks, the court summoned Chuadanga Civil Surgeon Md Khairul Alam and DGHS chief Abul Kalam Azad.

The two sought one more week to respond to the rule.

The judges then said they would be given time to respond to the rule, but were summoned to answer other questions.

Civil Surgeon Khairul said in reply to a question that the hospital did not seek permission before setting up the camp for eye treatment.

He said he did not know whether such permission was necessary, but issued an instruction after the incident, making the permission mandatory.

He closed the camp on Mar 28 after noticing a report on the blindness of the 20 in a local newspaper.

Two committees were also formed to investigate the allegation when the DGHS chief was informed, the civil surgeon said.

The 20 victims lost eyesight after treatment at the camp on Mar 5, he said, citing the investigation reports.

The incidents of Chattogram came up when the DGHS chief was giving his statement.

“What happened in Chattogram is unfortunate. It’s not related with today’s case, but we are speaking about it as you (DGHS chief) are here,” Justice Ahasan said.

“Medical service is losing goodwill because of some miscreants. Patients fearing wrong treatment are going to the neighbouring country even though we have many famous doctors and good treatment here.

“It is causing us loss in foreign currency. We are asking you to get over this situation,” the judge added.

The DGHS chief said he agreed with the court. “We are taking necessary steps. The strike in Chattogram has already been withdrawn,” Azad said.

About the Chuadanga incident, he said the operating theatre there was all right and the doctor who conducted the surgeries had done 70,000 eye surgeries.

The ICDDR,B in Dhaka found bacteria in the medicine used by the patients, according to Azad.  

The court then set a deadline of July 16 for the respondents to submit their report, Amit Dasgupta, the lawyer for the petitioner, told bdnews24.com.