The Asian Human Rights Commission (AHRC) has learned of the abduction of a newborn baby at Negombo Base Hospital during the last week. This hospital has over recent months been plagued by a series of medical negligence scandals, resulting in the deaths of patients as well as the unnecessary amputation of a patient’s leg.
Despite the severity of the cases, they have not been the subject of effective inquiries by the hospital or judicial authorities. The authorities, notably the Ministry of Healthcare, Nutrition and Uva Wellasa Development, have failed to investigate the circumstances of these events, and this despite public outcries. Furthermore, it is alleged that the Ministry has been instrumental in downplaying the allegations of negligence, giving rise to conditions of impunity for the actions of the hospital’s staff. This climate of impunity is likely to spur further cases of grave negligence, unless prompt and effective inquiries are carried out, leading to appropriate sanctions being handed out to the alleged perpetrators of these acts.
Local newspapers have reported that shortly after having been born last week, a baby was abducted from the hospital by an unknown person dressed as an attendant. A complaint has been lodged with the police. While it remains unclear whether there is any link between members of the staff and the abductor, this case underscores Negombo Base Hospital’s serious failure to protect persons in its care. Sadly, this is not the only case of such failings.
Reports have surfaced in which it is alleged that a woman also recently died immediately after a caesarean operation at this hospital. Her family members claim that her death resulted from medical negligence on the part of the hospital’s staff and are calling for an effective inquiry to be launched. Prior to this latest fatality, a mother of two died in the hospital, reportedly as the result of the transfusion of an incorrect blood type. In another case, which was highly publicised in Sri Lanka, a woman who was seeking treatment for a wound to her foot had her leg mistakenly amputated, in place of another person who was in hospital for this purpose. The victims of the alleged medical negligence have complained to the police and written to the Inspector General of Police, calling for criminal investigations to be conducted under the penal code for causing grievous hurt negligently.
The authorities have yet to take significant action or conduct a serious inquiry into the amputation case. The Secretary of the afore-mentioned Ministry has announced the formation of a three-person committee to investigate the case. The committee was formed only after a lawyer representing the victim wrote letters to the hospital and the Honourable Attorney General indicating that she would file a civil action in order to claim damages. However, the committee has not yet conducted a public inquiry, and has not communicated with the victim’s lawyer or called upon the victim to give evidence.
In the amputation case, a senior police officer has reportedly launched a criminal investigation. Police officers visited the victim and recorded her and her husband’s statements. The victim also provided the police with a VCD containing detailed information about the amputation and a transcript in Tamil of her statement. However, no case has yet been filed in any court and no successful criminal investigation has been carried out.
Furthermore, the Government Medical Officers Association threatened to resort to trade union action if any action was taken against hospital staff. On one occasion, in order to protest against public media reports on the case, doctors and other hospital employees went on a one-day token strike at the Negombo Hospital. Following these acts of intimidation, and perhaps due to them, no progress has been made concerning the criminal inquiry into this case.
The present case of the abduction of the baby while in the custody of the hospital further exemplifies the magnitude its administration’s failure to guarantee the personal integrity of the persons in its care, and fundamental breaches of the obligations that a hospital has to its patients. These cases are intrinsically linked to the deep state of neglect brought about by the hospital authorities.
The Asian Human Rights Commission urges a public inquiry to be launched to investigate the manner in which affairs are being conducted at this hospital, with a view to addressing the root causes of this neglect.
