UPDATE (Sri Lanka): Hospital authorities’ attempt to obtain false declaration from victim to escape liability 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-56-2005
ISSUES: Right to health,

[Re: UP-51-2005: SRI LANKA: No investigation has yet been conducted into the mistaken amputation of a woman’s leg, UA-67-2005: A woman’s healthy leg was amputated at the Negombo General Hospital due to mistaken identity]

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that agents of the Negombo General Hospital, which was responsible for the mistaken amputation of Ms. Citthi Naseera’s leg, have tired to fraudulently obtain a declaration from her to escape liability.

Following is a direct translation of the document which the agents brought and wanted Citthi to sign. She refused to sign but managed to obtain a copy.

[Document translated from Sinhala to English by the AHRC]

1. That I am suffering from diabetics.
2. That I went to the Negombo General Hospital to receive treatment as my illness was aggravated and wound emerged on my left leg and I was admitted to the hospital.
3. The illness became fatal and the doctors of the Negombo General Hospital worked to save my life by amputating my leg below the knee.
4. That if my leg was not amputated from below the knee at the right time, I may have died.
5. I did not have any objection for the amputation of my left leg and I expressed my consent verbally.
6. Since the operation, my health has improved for the better.
7. Thus I state that my consent for the amputation of my leg and I am making this statement of my own free will.

Yours faithfully

The hospital authorities and the doctors are engaging in an attempt of complete fraud and trying desperately to get the victim of this tremendous injustice to escape responsibility. Such behavior need to be condemned through disciplinary/legal means.

In our previous urgent appeal (UP-51-2005), the AHRC already reported that the victim is reportedly receiving pressure from the hospital authorities and other people to hush up the case. Also, a human rights group helping the victim has been approached by some doctors of the Negombo Hospital trying to discourage them from assisting the victim. In the meantime, even though the victim made a written complaint to the Negombo Police Station, no police authority or health authority has yet to conduct any inquiry into the matter or visited her in order to record a statement.

The AHRC calls for your urgent intervention into this case. We urge you to write letters to the relevant authorities to condemn this behavior and inaction.

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

SAMPLE LETTER

Re: SRI LANKA: Mistaken amputation case; Hospital authorities attempted to obtain a false declaration from the victim to escape liability

Name of the victim: Citthi Naseera, aged 48
Place of the violation: Negombo General Hospital, Negombo Division, Sri Lanka
Date of the incident: 1 March 2005
Case status: Hospital authorities' attempt to hush up the case; No action has yet been taken by the police to investigate the mistaken amputation 

I am shocked to know that agents of the Negombo General Hospital, which was responsible for the above incident, have tired to fraudulently obtain a declaration from the victim to escape liability.

According to the information I have received from the Asian Human Rights Commission, the agents asked the victim to sign a document stating that her illness was fatal and the doctors amputated her leg to save her life and she did not have objection for the amputation.  
  
Such complete fraud attempt to hush up the case by the hospital authorities must be condemned through disciplinary/legal means. I was also informed that even though the victim made a written complaint to the Negombo Police Station, no police authority or health authority has yet to conduct any inquiry into the matter or visited her in order to record a statement. 

I therefore urge you to order an immediate investigation in this case on the basis of criminal negligence. I also urge the health authorities, including the Ministry of Healthcare, Nutrition and Uva Wellassa Development, to conduct an inquiry into the negligence of doctors and the hospital. The victim must be compensated and the responsible should be brought to justice as soon as possible. 

Yours sincerely,

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SEND A LETTER TO:

1. M.r Nimal Siripala de Silva, MP 
Minister of Healthcare, Nutrition and Uva Wellassa Development 
"Suwasiripaya", No.385,
Rev. Baddegama Wimalawansa Thero Mawatha,
Colombo 10
SRI LANKA
Tel & Fax: +94 11 2 662982/ 694132/ 694227
E-mail: Minister@health.gov.Ik

2. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

3. Dr. Radhika Coomaraswamy
Chairperson 
Human Rights Commission of Sri Lanka 
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

4. Mr. Paul HUNT
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 90 06
E-mail: urgent-action@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Update
Document ID : UP-56-2005
Countries : Sri Lanka,
Issues : Right to health,