SRI LANKA: Mother and infant die due to Doctors’negligence at the Mahiyanganaya Base Hospital

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-092-2017
ISSUES: Administration of justice, Right to health, Right to life,

Dear friends,

The Asian Human Rights Commission (AHRC), has received information concerning Mrs. A. Rohini Aththanayaka (37), No: 131, Akkara Eighty Village, Sorabora Colony, Mahiyanganaya, Polonnaruwa District. Mrs. Rohini was a registered, expectant mother of the Mahiyanganaya Base Hospital throughout her entire pregnancy. She was in good health and her fetus showed successful growth as expected by the Doctors. She was admitted on 26 June for delivery of her child. They expected her to have a normal delivery that day and prepared her for it. They waited three days for labor to begin with no results. On 29 June, the Doctors performed a Caesarian Section. The mother died on the operating table before the surgery was completed. On 1 July the newly born infant also died. Relatives argued that medical negligence and delayed action of the medical staff caused the death of two of their family members.

RELATIVES ARE SEEKING JUSTICE AND CONSIDERING CREDIBLE INVESTIGATIONS BY THE AUTHORITIES.

CASE NARRATIVE:

The Asian Human Rights Commission has received reliable information about Mrs. A. Rohini Aththanayaka (37), No: 131, Akkara Eighty Village, Sorabora Colony, Mahiyanganaya in the Badulla District. Mrs. Rohini was married and the mother of a four year old girl.

Mrs.Rohini registered with the Mahiyanganaya Base Hospital as an expectant mother as soon as she learned that she was pregnant for a second time. She observed the instructions and guidance given by the Doctors of the Obstetrics and Gynecology Clinic at the hospital. She lived with awareness by giving better care to herself and her fetus.

After considering routine examinations and checkups, the Doctors informed her that she was strong enough to undergo natural delivery. The several abdominal Ultra Sound Scans showed that the fetus had grown as well as they expected. She was advised to be admitted to the hospital in advance of her due date, 26 June 2017.

Following their recommendations, she was admitted to the hospital on 26 June and developed considerable pain shortly after. Several of her relatives visited her. After experiencing different levels of severe pain, compared to her first delivery, she informed the Doctors, nurses and her relatives. In turn, they asked the Medical Officers that because she is complaining of unusual pain, kindly pay special attention to her and protect the lives of both the unborn child and the mother. They wanted to impress the Doctors that as the day of delivery had passed, it is necessary they take the utmost available measures to protect these lives.

However, only on 29 June, was Mrs. Rohini admitted to the hospital’s Labor Room and a Caesarian Section (C-Section) was performed. Immediately upon completing the surgery, Doctors pronounced Mrs. Rohini dead. Her child was sent to the Baby Care Unit of the hospital.

Several days later, on 1 July, Doctors pronounced the death of the new born child.

All family members of the victim were shocked on receiving the message of the demise of both mother and child. The relatives questioned the Doctors. They asked why they waited for three days after her due date to deliver the mother by Caesarian Section even though she was in continuous severe pain. They pointed out that no immediate action was taken to comfort her, assist her, initiate pain control or communicate to her what was happening within her body. Furthermore, if the Doctors took action immediately by preparing her for a C-Section, they could have saved their two lives.

Family memberss of the victim said that their relatives died due to the negligence of the Doctors and other medical staff of the hospital. They further stated that there were a series of events where they could have protected the lives of Mrs. Rohini and her baby. For this gross negligence, the Doctors must be held responsible for their erroneous, untimely, delayed actions.

On 30 June, hospital authorities transferred the dead body of Mrs.Rohini to the Badulla General Hospital for a post mortem examination (PME). At the conclusion of the PME the Judicial Medical Officer (JMO) informed the relatives that he could not finalize the cause of death. Several tissue samples of the body 
of the deceased were sent to the Government Analyst for further sophisticated examination.

Final rituals for the Mrs. Rohini and her infant were held on 2 July at the Akkara Eighty Village Public Cemetery with hundreds of people participating. In the meantime, it was estimated that hundreds of people also protested against the responsible Medical Officers at the Mahiyanganaya Base Hospital. They requested the Health Authorities of Sri Lanka to investigate and prosecute those who are responsible for these two deaths.

The relatives of the victim seek an independent, efficient, and impartial investigation into the deaths of mother and child. THEY APPEAL FOR JUSTICE. They put forth the suggestion that the Medical Council of Sri Lanka (SLMC) reappraise their Code of Medical Ethics. Adjustments need to be made in relation to TIMELY surgical and medical intervention for every patient to prevent such a tragic event in the future.

SUGGESTED ACTION:

Please send a letter to the Authorities listed below expressing your concern about this case, requesting:

1. Investigation into alleged negligence by Doctors at the Mahiyanganaya Base Hospital.
2. Prosecution of those proven to be responsible under the Law. 
3. The Inspector General of Police (IGP) investigate the alleged criminal negligence and the professional conduct of the Doctors and their involvement in these preventable deaths.

The Asian Human Rights Commission has written a separate letter to the UN Special Rapporteur on the right of everyone to enjoy the highest standards of physical and mental health care.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear …………,

SRI LANKA: Mother and infant die due to Doctors’ negligence at the Mahiyanganaya Base Hospital

Name of the victim: Mrs. A. Rohini Aththanayaka (37), No: 131, Akkara Eighty Village, Sorabora Colony, Mahiyanganaya in the Badulla District.

Alleged perpetrators: 1) Medical Officers of the Obstetrics and Gynecology Department of the Base Hospital at Mahiyanganaya.

2) Medical Superintendent (MS) of the Mahiyanganaya Base Hospital

Place of incident: Mahiyanganaya Base Hospital
Date of the incidents: 29 June and 1 July 2017

I am writing to bring to your attention to the situation regarding the above mentioned, Mrs. Rohini Aththanayaka (37), of No: 131, Akkara Eighty Village, Sorabora Colony, Mahiyanganaya in the Badulla District. Mrs. Rohini was married and the mother of a four year old girl.

Mrs.Rohini registered with the Mahiyanganaya Base Hospital as an expectant mother as soon as she learned that she was pregnant for a second time. She observed the instructions and guidance given by the Doctors of the Obstetrics and Gynecology Clinic at the hospital. She lived with awareness by giving better care to herself and her fetus.

After considering routine examinations and checkups, the Doctors informed her that she was strong enough to undergo natural delivery. The several abdominal Ultra Sound Scans showed that the fetus had grown as well as they expected. She was advised to be admitted to the hospital in advance of her due date, 26 June 2017.

Following their recommendations, she was admitted to the hospital on 26 June and developed considerable pain shortly after. Several of her relatives visited her. After experiencing different levels of severe pain, compared to her first delivery, she informed the Doctors, nurses and her relatives. In turn, they asked the Medical Officers that because she is complaining of unusual pain, kindly pay special attention to her and protect the lives of both the unborn child and the mother. They wanted to impress the Doctors that as the day of delivery had passed, it is necessary they take the utmost available measures to protect these lives.

However, only on 29 June, was Mrs. Rohini admitted to the hospital’s Labor Room and a Caesarian Section (C-Section) was performed. Immediately upon completing the surgery, Doctors pronounced Mrs. Rohini dead. Her child was sent to the Baby Care Unit of the hospital.

Several days later, on 1 July, Doctors pronounced the death of the new born child.

All family members of the victim were shocked on receiving the message of the demise of both mother and child. The relatives questioned the Doctors. They asked why they waited for three days after her due date to deliver the mother by Caesarian Section even though she was in continuous severe pain. They pointed out that no immediate action was taken to comfort her, assist her, initiate pain control or communicate to her what was happening within her body. Furthermore, if the Doctors took action immediately by preparing her for a C-Section, they could have saved their two lives.

Family memberss of the victim said that their relatives died due to the negligence of the Doctors and other medical staff of the hospital. They further stated that there were a series of events where they could have protected the lives of Mrs. Rohini and her baby. For this gross negligence, the Doctors must be held responsible for their erroneous, untimely, delayed actions.

On 30 June, hospital authorities transferred the dead body of Mrs.Rohini to the Badulla General Hospital for a post mortem examination (PME). At the conclusion of the PME the Judicial Medical Officer (JMO) informed the relatives that he could not finalize the cause of death. Several tissue samples of the body 
of the deceased were sent to the Government Analyst for further sophisticated examination.

Final rituals for the Mrs. Rohini and her infant were held on 2 July at the Akkara Eighty Village Public Cemetery with hundreds of people participating. In the meantime, it was estimated that hundreds of people also protested against the responsible Medical Officers at the Mahiyanganaya Base Hospital. They requested the Health Authorities of Sri Lanka to investigate and prosecute those who are responsible for these two deaths.

I request your swift intervention to ensure that the Authorities listed below open an immediate investigation. Examine all allegations of medical negligence by Doctors of the OB/GYN Department of the Mahiyanganaya Base Hospital. Those proven to be responsible should be prosecuted. All Doctors involved should be internally investigated for breaches of ethical and professional conduct.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. Mr. Rajith Senarathna,
Minister of Health and Indigenous Medicine
Ministry of Health and Indigenous Medicine
No: 385, Ven. Baddegama Wimalawansa Thero Mawatha, 
Colombo 10 
SRI LANKA 
Tel: + 94 11 2685663/ + 94 11 2694132 
Fax: + 94 11 2694227 
E-mail: minister@health.gov.lk

2. Secretary 
Ministry of Health and Indigenous Medicine, 
No: 385, Ven. Baddegama Wimalawansa Thero Mawatha, 
Colombo 10 
SRI LANKA 
Tel: + 94 11 2698511/+ 94 11 2698517 
Fax: + 94 11 2692913 
Email: secretary@health.gov.lk / secretary.health.sl@gmail.com

3. Director of General of Health Services 
Ministry of Healthcare and Nutrition, 
No: 385, Ven. Baddegama Wimalawansa Thero Mawatha, 
Colombo 10 
SRI LANKA 
Tel: + 94 11 2694860 
Fax: + 94 11 2693869 
Email: dghs@health.gov.lk

4. Mr. Pujith Jayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

5. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

6. Secretary 
Human Rights Commission 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-092-2017
Countries : Sri Lanka,
Issues : Administration of justice, Right to health, Right to life,