Within the last two weeks alone, the Asian Human Rights Commission has reported on three cases of alleged gross medical negligence in Sri Lanka. First, a 48-year-old mother alleged that her healthy leg was accidentally amputated at the Negombo Base Hospital. Secondly, a 45-year-old mother reportedly died after receiving a transfusion of the wrong blood type at the same hospital. Thirdly, a baby was allegedly strangled to death during delivery when staff tried to pull the child from the womb using a piece of cloth wrapped around the neck. The last case is reminiscent of an incident a few months ago when a midwife at a Colombo hospital tried to hurry the delivery of a child because she wanted to catch a bus.
One characteristic of the growing number of medical negligence complaints at both government and private hospitals in Sri Lanka is that they are accompanied by attempts at concealment. A greater concern is demonstrated to protect the negligent medical staff than the rights of the victim. For instance, in the amputation case, the victim was kept in the hospital for almost one month in order to keep her isolated and silent. Only after her release could she make complaints. Even then, several attempts were made to stop her, and manipulate documentation on the case.
It is also becoming increasingly evident that there is no easy or quick way to complain about medical negligence and secure an inquiry in Sri Lanka. Even in the amputation case, up to date there has been no official inquiry, despite the affidavits lodged by the victim and the large publicity it has received. The director of the Health Service Institute in Western Province has gone so far as to deny the allegation before the media without consulting the victim. This step amounts to collusion with the negligent medical staff. Besides this, the delay in starting an investigation has given the perpetrators all the time they need to falsify documents and destroy or manufacture evidence. Nor is civil litigation a solution. In Sri Lanka, such cases can take over one or two decades to run their course. The process is cumbersome and expensive: beyond both the comprehension and means of ordinary victims. Attempts at prolonged litigation only amount to further denials of remedies for fundamental rights violations.
Sri Lanka has ratified the International Covenant on Economic, Social and Cultural Rights, under which parties “recognise the right of everyone to the enjoyment of the highest obtainable standard of physical and mental health” and must take steps to achieve this right. For that purpose, the state must provide proper education for medical professionals of all grades, and ensure that hospitals and other medical facilities function properly. This obligation includes supervising the quality of medical service provided, ensuring that medical negligence is minimised, and that procedures exist for a swift and effective response where it occurs.
The growing number of complaints of gross medical negligence, which together suggest widespread malpractices amounting to denial of the right , need to be addressed by the national Human Rights Commission. The Commission’s mandate extends to the areas covered by the Covenant. It also allows for the Commission to advise all government departments on the implementation of human rights. Accordingly, the Commission should immediately engage the Ministry of Healthcare and relevant medical authorities in order to develop proper guidelines for the conduct of speedy inquiries into cases of negligence. This need not take long. With the help of one or more competent consultants, it should be possible within a matter of weeks.
The Asian Human Rights Commission urges the government of Sri Lanka, the Ministry of Healthcare, the Medical Council and other medical authorities in the country to address the issue of medical negligence urgently. An extensive public awareness campaign should be undertaken to inform both medical professionals of their duties and the public of their rights. A simple and speedy system for complaints must be established without delay. The Human Rights Commission of Sri Lanka can take the lead in making these things possible.
