Writ Petition (No. 13627/2018)
High Court issues Rule on Removal of Functioning Kidney of Patient during Surgery at BSMMU:
On 28 August 2018, Rowshan Ara got admitted under Dr. Habibur Rahman Dulal, Professor, Department of Urology, Bangabandhu Sheikh Mujib Medical University (BSMMU) Hospital, due to a complexity in her left kidney. When Rowshan Ara was undergoing her treatment on her left kidney under Professor Dr. Habibur Rahman Dulal, at one point, on 5 September 2018, he conducted an operation on her. After the operation, the patient was suffering more complexities due to which they approached other doctors, who recommended her to conduct few tests. After those tests, the doctors declared that as per the medical reports, neither of the two kidneys were present in her body; even though before the operation, she had both her kidneys in her body. When the patient’s family members question Professor Dr. Habibur Rahman Dulal referring to the absence of the functioning kidney, instead of responding to their queries, he assures them that he will bear her future medical expenses. The patient’s family members express their protest on the removal of Roshan Ara’s functioning kidney. Based on this incidence, Ain o Shalish Kendra (ASK) and Md. Rafiq Shikder, son of Rowshan Ara, move the High Court Division and filed a Writ Petition (No. 13627/2018) seeking remedies and demanding compensation. Secretary, Ministry of Health and Family Welfare, Bangladesh Secretariat; Vice-Chancellor, BSMMU; Dr. Habibur Rahman Dulal, Professor, Department of Urology, BSMMU; Dr. Faruk Hossain, Associate Professor, Department of Urology, BSMMU; and President, Bangladesh Medical & Dental Council (BMDC), have been made respondents in the petition.
On 20 November 2018, the first hearing of the petition was held in the High Court before Honorable Justice Moyeenul Islam Chowdhury and Justice Md. Ashraful Kamal. After the hearing, the High Court issued rule asking the respondents to show cause to the following:
- Why the respondents should not pay Tk 1 Crore compensation to the victim’s family;
- Why the concerned doctors’ professional registration under BMDC should not be cancelled;
- Why they should not be discharged from their official duties from BSMMU (PG Hospital); and
- Why the operation conducted by BSMMU should not be declared illegal.
The Court ordered the respondents to show cause within the next 4 weeks. On behalf of ASK, Advocate Md. Asaduzzaman and in his assistance, Advocate Anisul Hasan and Advocate Md. Shaheenuzzaman, conducted the case.
It must be noted that the patient Rowshan Ara passed away on 31 October 2018, while undergoing treatment at BSMMU Hospital.