Medical negligence is a worldwide phenomenon; however, it is studied to a great extent in countries whose healthcare systems are greatly developed. Though Sri Lanka’s free healthcare system is a role model to many, we have a lot more to learn with regard to medical negligence. The legal aspect of medical negligence in Sri Lanka is said to be greatly underdeveloped. The NHS (National Health Service - UK) pays out more than £100 million in compensation to families of the patients who died in hospital because of blunders of medical practitioners. More than 20 families each week receive huge settlements as a result of negligent care which has ended in death. The NHS have shown that there 
have been more than 2,300 successful cases in the last two years where the families of patients have sued, winning a total of a whopping £108million in compensation. This subject is also extensively studied in India. By legal precedent, the Delhi High Court has ruled that “If a patient dies due to medical negligence in a hospital, then its management cannot be prosecuted and it is only the doctors who should be penalized. However, the Court held that the management of the hospital would be liable in case of administrative negligence and failure to provide basic infrastructure to patients.”
In the case of late Mr. M.E.P.L. Perera, retired Senior Deputy Inspector General of Police (DIG), who expired at the Police Hospital on October 28, 2015, the CID is currently investigating whether he died due to medical negligence. A cause of death in a coroner’s report states Suspicious due to Myoloplatic. The family who is suspicious about the death alleged that it was yet another case of medical negligence.
"In the case of late Mr. M.E.P.L. Perera, retired Senior Deputy Inspector General of Police (DIG), who expired at the Police Hospital on October 28, 2015, the CID is currently investigating whether he died due to medical negligence."
“On October 26, 2015, Mr. Perera went to the Police Hospital with a history of fever. Although he was required to be hospitalized, he was not admitted purportedly due to lack of rooms for officer grades and was prescribed oral antibiotics. On October 27, there was no improvement in his condition and at around 10.30 a.m., he was rushed to the Police Hospital once again. At 11 a.m., he was admitted to Ward 6 as there were no rooms for officer grades. Although upon admission the doctor, who had examined him had prescribed an intravenous antibiotic to be given immediately, it had been given only at around 7.30 p.m. A blood report taken from a private medical laboratory on the previous night had been shown to the doctor, who recommended his admission. However, the blood report was disregarded. Further, on October 27, there had been no Specialists in the hospital because it was a Poya Day. No specialist had seen him until his demise. His death could have been easily prevented if timely treatment was given to him,” said Mr. Waruna Senandhira, Attorney- at- law, who is currently 
watching the interests of the family of late Mr. Perera.
Rohan P.A Perera, son of late Mr. M.E.P.L Perera, said, “Immediately after my father expired, I had a deep feeling that the hospital was negligent. However, I did not suspect any deliberate foul play. I began my own research into the condition he had been in and the symptoms that were observed in the final few hours prior to his death. The symptoms were in line with the initial stages of Septicaemia. For example, going to the toilet very frequently but not passing urine, fluctuating levels of blood pressure and so forth were classic symptoms of Septicaemia. I believe any average doctor who observed these symptoms along with his blood reports could have easily identified the gravity of his condition. The hospital should have taken immediate action to either transfer my father to the national hospital or to the ICU, but none of those were done. I was also unable to insist on these courses of action either as being a layman I did not realise that he was coming in for Septicaemia.”
He also elaborated on why they chose the Police Hospital. He said, “the only reason we chose the Police Hospital was because his entire medical history was there. When I told my father he needs to be taken to a private hospital, he insisted that he be taken to the Police Hospital as they knew his medical history.” Mr. Rohan further elaborated on how exactly the hospital had been negligent, “The intravenous antibiotic which was prescribed on admission was administered after almost an eight-hour delay. If the antibiotic was administered soon after admission or on the previous day when we visited the hospital, the outcome may have been different. When the intravenous antibiotic was administered it was too late as the Septicaemia had already spread. Further, in the night when we were away from the hospital, my father’s blood pressure had started fluctuating baldy. However, the nurses had not allegedly informed the doctors on call. The nurses claim that they did inform the doctors but they did not visit the hospital. Yet, the doctors are denying it. We really do not know whom to believe. The nurses did not inform the family either. After my father expired, there wasn’t a single doctor in the hospital available to explain to me as to how and why he passed away. I had to speak to a doctor over the phone to establish the cause of death. Subsequent to the funeral, I started visiting the hospital in search for answers. The only reason why our family is pursuing this case is to ensure that such a calamity does not befall any other police family in future.”
"The only reason we chose the Police Hospital was because his entire medical history was there. When I told my father he needs to be taken to a private hospital, he insisted that he be taken to the Police Hospital as they knew his medical history"
He had written to both the NPC and the IGP with regard to this issue. However, the NPC had responded in writing, saying that appropriate action would be taken. We asked a Western Province director of the NPC (National Police Commission), as to what measures were taken regarding this case. He said, “when we received a complaint we wrote to Senior DIG Jagath Abeysirigunawardana and we asked him to conduct an investigation and give us a report with regard to the logistics of this case. However, he has handed over the investigation to the CID and we are now expecting a report from them.”
He further stated that he had not heard of such cases where people have passed away in a police hospital due to negligence.
We asked who was truly liable - the doctors or the nurses. Mr. Waruna, “this is a matter that is being investigated at present. The statements of all doctors who treated him are necessary to conclude the investigations. Till the statements are given, it is premature to decide who is at fault. The CID needs to record the statements from several doctors to truly see who is liable for the negligence. These doctors must come forward and cooperate in the investigations because they are bound by the law to do so as they are not only doctors, but also high- ranking police officials who are ‘Peace Officers’ within the meaning of the Criminal Procedure Code. I believe that the CID has informed the Director of the Police Hospital to request the doctors to come to give their statement as directed by Court on September 1. I became aware that the CID will also be sending letters to the doctors asking them to come to give their statements. If they do not cooperate, the CID will have to bring this fact to the notice of Court and to obtain an appropriate order from Court in this regard. The case will be further dealt with on September 29 where the CID will report to Court of the progress of the ongoing investigations.”
When we inquired if he had heard similar cases like this before, he said, “I have recently heard of a similar case where another retired Senior DIG had been treated at a police hospital carelessly. He had a serious medical condition however; death due to negligence had been avoided as he had been transferred to a private hospital by the family members. This particular case came to the lime-light because the family requested for an impartial inquiry from the IGP as well as the NPC (National Police Commission), considering the series of events which occurred at the Police Hospital, which unfortunately led to the death of Mr. Perera.”
