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Constitution

Medical negligence is a grave violation of right to life and right to health where
right
to life and health are basic and fundamental human rights to survive. Articles 15,
18 read with Articles 31, 32, 44 and 102 as guards of citizen's health right, since it
is primary duty of the state to raise the level of nutrition and improve the public
health.
15-provision for basic necessities
18- public health and morality
31-right to protection
32-protection of right to life and personal liberty
44-enforcement of fundamental right
102-power of high court to issue order and direction
Penal code
causing death by negligence (Section 304A), 5 years or fine
punishment for voluntarily causing hurt (Section 323), 1year 1 thousand
punishment for voluntarily causing grievous hurt (Section 325), 7 years or fine
act endangering life or personal safety to others (Section 336), 3 month or 250 taka
cheating by personation (Section 416),
cheating with knowledge that wrongful loss may ensue to person whose interest
the offender is bound to protect (Section 418).3 years or fine

88. Act not intended to cause death, done by consent in good faith for person’s
benefit
92. Act done in good faith for benefit of a person without consent
Civil
Section 9 have jurisdiction to try all suits of a civil nature
For filing suits for compensation, Section 19 of the Code of Civil Procedure
Section 69 civil remedies r independent of criminal remedies
Section 70 court to give 5 times the damage

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