UPDATE (Sri Lanka): No investigation has yet been conducted into the mistaken amputation of a woman’s leg 

The Asian Human Rights Commission (AHRC) refers to our urgent appeal issued on 22 April 2005 regarding the case of Ms. Citthi Naseera (48) who suffered the amputation of a healthy limb due after the hospital surgical staff failed to correctly ascertain her identity (See further: UA-67-2005).

Despite the matter receiving widespread publicity, no inquiries into this incident have yet been conducted either on the basis of criminal negligence by the police or on the basis of the negligence of doctors and the hospital by the health ministry or any other medical authority. Meanwhile, the victim has submitted an affidavit to the Ministry of Healthcare, Nutrition and Uva Wellassa Development, the Inspector General of Police and the Human Rights Commission of Sri Lanka, stating the circumstances in which her leg was amputated, wich is produced below.

Citthi has also made a written complaint to the officer-in-charge of the Negombo Police and the Senior Superintendent of that station. However, despite these formal complaints being made, none of the authorities have yet to conduct any inquiry or even visit her to record her statement. Citthi is in no position to walk due to the amputation.  She is also still living in a state of shock due to this incident.

In the meantime, two doctors and a police sub inspector attached to the Negombo Police Station have visited Citthi’s house twice and stated that if she signs a document the doctors are willing to pay her Rs. 200,000 (USD 2,000), which she has refused.  Thereafter, a broker has brought a document written in English, a language she does not understand, asking her to sign it stating that if she does so the doctors are willing to give her some compensation.  This too, Citthi has refused to sign.  Thus, the only action that has been taken is to bring about pressure on the victim to give up her complaint.

In addition, a voluntary organisation helping the victim and a local provincial newspaper have been approached by some doctors trying to discourage them from assisting the victim.  The message from the Negombo Hospital authorities has been that if the doctors are criticised for some ‘small mistake’, they will be discouraged from doing their duties.  Such pressure is perceived as an attempt to isolate the victim, who is poor and weak, and thus persuade her to withdraw her complaints.

The AHRC once again calls for your action to pressure the Sri Lanka authorities to investigate this matter.

Urgent Appeals Desk
Asian Human Rights Commission
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1. a. That I am the above mentioned affirmant
b. That I am 42 years old, married and a mother of 6 children and for 16 years I have been selling food items prepared by myself.
c. I am a Sri Lankan citizen.
2. On a day in February 2005, I went to the clinic run by Dr. Zeeyar, which is located quite close to my residence, to get treatment for a boil on the sole of my left foot.
3. Dr. Zeeyar then explained to me that the boil in the foot needed to be operated upon and dressed and on his recommendation with a letter from him, I got myself admitted to ward no. 5 in the hospital as an outdoor patient on 21 Feb 2005.
4. The following day, 22 February 2005 the boil was cleaned and treated, and again on 26 February 2005 it was cleaned and dressed.
5. Then on 1 March 2005, at about 9.30 in the morning, I was taken to the operating theatre for the cleaning of the wound.  There I was examined and told that I was too weak and was taken to the ward for administering of “saline” after which at about 2:30 I was taken back to the operating theatre.
6. As I appeared frightened to enter the theatre, my eyes were closed and I was told that there is nothing to fear; as soon as the wound was cleaned and dressed I would be allowed to go out.
7. Subsequently I was given an injection to make me unconscious and I felt the slow loss of consciousness.
8. As I slowly regained my consciousness a doctor from the operating room, while examining a record book asked me whether I came to get my leg amputated or to get it cleaned. I, then became quite alarmed, and while telling him that I came to get it cleaned I raised myself a little to discover that my left foot had been cut off below the knee.
9. When I saw the amputated leg I could not believe it and quite spontaneously I screamed.  Due to my shouting everyone in the theatre rushed to where I was with great fear, and the doctor in charge of the ward who arrived there asked me not to shout.  He said that a mistake had taken place and that they would provide me with a leg, I shouted saying that I do not need a leg and do not want to live and would prefer some poison instead.  The person who needed the amputation is someone else and why did you cut my leg, I then asked in deep pain.
10. That day from 2:30 to late evening I was kept in the theatre and due to my repeated requests and the presence of the relatives who had come to visit me I was taken to the ward at 6.45 in the evening.
11. My husband then appeared and when he made inquiries from Dr. Rizwan, in charge of ward 5, about the delay in her treatment he was told that there was a big mistake, mistakenly my leg was amputated and that they are sorry about that.
12. I came to know that due to a mix up in the documents my leg was amputated instead of the person who was waiting with me in the operating theatre.
13. I wish to state that there was no need for my leg to be amputated, nor was I advised by any of the doctors that I was to have my leg amputated, nor was the permission obtained from me or from my husband, I.L.M.Yusuf, until now for the amputation.
14. Since the manner in which the amputation was done was very unusual, it became necessary to have another operation to cut off a part from the edge of the bone of the leg. Besides, the doctors are of the opinion that since the skin has not been joined, there is the need to have another operation.
15. As I do not like to have my third operation under these circumstances in the Negombo hospital, I would request that it be done either at the Colombo National Hospital or at the teaching hospital in Ragama.
16. I hereby request that the crime committed against me due to the negligence of all the personnel attached to the ‘operating unit’ of the Base Hospital in Negombo be impartially investigated, all the necessary medical assistance be provided until I recover completely, all those responsible for this grave injustice be prosecuted according to the law, and that arrangements be made to amply compensate me for the irreparable damage done to me.
17. I wish to affirm and state that all that is reported above is true.

The above affidavit after being read and explained by me, and having understood the content, signed as correct in my presence on 29 April 2005 in Negombo.

affirmant

Justice of Peace

Justice of peace
M.G.J. Fernando
Katana P.S. member
34, Katuwapitiya South
Negombo

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