Legal Vacuum in the Healthcare Sector of Bangladesh: How Special Tribunal Can Reduce Malpractices Md. Jahidul Islam 1 Tanusree Devi Asha 2 Abstract Healthcare services in Bangladesh are seriously criticized continuously for various indiscipline and irregularities by the consumers who go across the system seeking the services. Common people have taken these sufferings for granted as the supervisory bodies seem to relax and in between the healthcare service providers are growing more and more negligent. Every day, the newspapers are getting flooded reporting incidents of medical malpractices. Even the slightest medical negligence is strictly handled around the world but in Bangladesh, we are experiencing an unbelievable number of medical malpractice incidents happening so frequently; newspapers keep reporting and criticisms keep flowing, but incidents of malpractice keep occurring again and again. Hence, this paper identifies that there is a legal vacuum that allows incidents to remain remediless. And because of this escape route the reluctancy and the lack of seriousness is never threatened. This paper studies standards around the world and argues that a special tribunal created solely for supervising healthcare and adjudicating disputes, can be a very effective solution to end the miseries of medical malpractice. Keywords: Medical Malpractice, Legal Vacuum, Right to Healthcare, Negligence Laws, Special Tribunal. 1. Introduction It is to wonder that ‗medical malpractice‘ finds space to occur regularly in a country like Bangladesh where ‗right to life‘ 3 is of constitutional essence and protecting public health 4 is a principle of the state policy. Kazi Ebadul Hoque J interprets right to life as ‗the enjoyment of healthy life and longevity up to a normal expectation of life‘. 5 The medical and healthcare 1 The Author is a 3rd year LL.B (Hon‘s) student at Department of Law & Justice of Jahangirnagar University, Savar, Dhaka, Bangladesh. He can be reached at jahidoyon@gmail.com 2 The Author is a 2nd year LL.B (Hon‘s) student at Department of Law & Justice of Jahangirnagar University, Savar, Dhaka, Bangladesh. She can be reached at tanusreeasha27@gmail.com 3 The Constitution of the People‘s Republic of Bangladesh, art 32. 4 ibid, art 18. 5 Dr. Mohiuddin Farooque v Bangladesh and Others (1996) 48 DLR 438 [20]. The case is famously known as ‗the Radioactive Milk Powder Case‘.