Public concern over medical negligence on the rise

Victims of medical negligence rarely get justice in Sri Lanka. In a few instances where patients have had the financial strength as well as the will, such cases have ended up in court but proving such cases is notoriously difficult given that the court has to depend on expert medical opinion to prove there was negligence and it’s not often we hear of someone giving evidence against another in the same field of work.

However, given public access to the media as well as with social media at their fingertips, those who have suffered due to medical negligence have a better chance of highlighting their cases and seeking justice now.

The recent case of the death of a three-year-old at the Lady Ridgeway Children’s Hospital following a surgery to remove a kidney has ended up in court with the aggrieved parents of the child looking for answers for the tragedy that befell them. While the case will have to be settled in court and it has to be proven that medical negligence was indeed the cause of the child’s death, the preliminary hearing into the case itself has exposed irregularities that are a cause for serious concern.

It has come to light that the Consultant Judicial Medical Officer (JMO) who conducted the postmortem into the death of the child is someone who has been suspended by the Sri Lanka Medical Council (SLMC) for eight months starting 20 December last year with the suspension due to end later this month.  The court found the reports submitted by the JMO in question were contradictory and directed the police to make further inquiries without depending solely on the JMP report. The same JMO had conducted the postmortem on businessman Dinesh Schaffter, the cause of whose death remains a mystery till today.

The information about the contradictions in the JMO reports and alleged negligence by the doctors who conducted the surgery on the child have come to light due to the determination of the parents to go public and seek justice for their dead child. It has raised serious questions over the credibility of medical reports submitted to court which are crucial in proving such cases. It also raises questions of how many innocent patients may have been wronged in the same way but have been unable to get justice as those who are in a position to manipulate such reports have done so to safeguard others in their profession.

Medicine is a noble profession and those practising it are held in high esteem in the country. Doctors for decades have taken the lead in putting the country’s medical field on a firm and reputable footing. During the COVID pandemic they were in the forefront and worked tirelessly along with others in the medical sector. In the present economic scenario too, doctors have had to make do with severe shortages of medicines and other facilities in State-run hospitals but have managed to keep the system going despite the shortage.

However with the recently highlighted case of deaths or serious disabilities attributed to medical negligence, there is a gradual public erosion in the confidence they place on those in the medical profession. The death of a child whose parents attribute to a botched operation will further damage the faith the public places on doctors. The Sri Lanka Medical Council is entrusted with ensuring the maintenance of academic and professional standards, discipline and ethical practice by health professionals who are registered with it. The Council hence has an obligation to engage with members of the public in a more transparent manner in cases where they are aggrieved due to medical negligence and conduct impartial inquiries and act against those found to be guilty of wrongdoing and negligence.