Medical Negligence and Doctors Liability; A Critical Review in Present Legal Regime in Sri Lanka

Abstract

— Medical negligence is the breach of a duty of care towards a patient which results in harm to a patient. Medical negligence is a global occurrence but some countries with developed health care systems where redress scheme for negligence. Medical negligence now a days have become one of the serious issues in Sri Lanka. Unfortunately, there are no proper criteria or law to identify or investigate errors in health care either in the public or private sector. In a case of negligence it is necessary to determine when and how a breach of duty has occurred and whether there was a failure to exercise a reasonable degree of care and skill. However, weakness of the presence legal regime is delay in calling an inquiry allows time to manufacture evidence, with prolonged civil litigation. This research is based on qualititative and quantitative data and embraces both desk research with occasionally field investigations and collection of secondary data in the form of law reports, books, journals, dissertations and as well as judgements of alleged land mark negligence cases Sri Lanka. The objectives of this paper is critically analyze the concept of negligence and how is the breach of doctor’s liability in each cases. Also it examines the principles followed by the courts in assessing the quantum of damages and practical difficulties within existence Sri Lankan legal regime. In my study, I found in Sri Lankan health care set up, to reduce the events of malpractices contributing factors must be minimized. Shortage of professionals with expertise in the public as well as private sector are contributing factors for negligence and less skilled substitutes to undertake such tasks. In assessing damages in such a case, the court must weigh policy factors with a sense of flexibility depending on the circumstances.