LEGAL REMEDIES FOR WOMEN VICTIMS OF MEDICAL NEGLIGENCE: A COMPARATIVE INTERNATIONAL STUDY

Abstract

Medical negligence poses a critical concern in healthcare law, as it raises serious threats to patients’ rights and disproportionately impacts women, who encounter distinct challenges arising from biological, social, and institutional factors. This study examines the legal remedies available to women victims of medical negligence through a comparative international perspective. It explores how different legal systems, common law, civil law, and mixed jurisdictions which address medical malpractice claims, compensation mechanisms, and accountability of healthcare providers. Special attention is given to women-specific issues and challenges, such as maternal healthcare negligence, reproductive rights violations, and socio-cultural barriers in seeking justice. The study will also highlight the vulnerability of indigenous women and women in custodial or prison settings, who often face discrimination and barriers to healthcare justice. By analyzing case laws, statutory frameworks, and international human rights instruments, the research identifies both progressive practices and systematic shortcomings across jurisdictions. In the context of Bangladesh, despite constitutional guarantees and judicial interventions, enforcement gaps and socio-cultural barriers continue to obstruct women’s access to effective legal remedies. Therefore, the research sheds light on the need for strengthening patient-centered healthcare policies, and ensuring accessible, affordable, and gender-sensitive legal remedies for women victims of medical negligence.