Expired medicines: Are financial penalties alone an adequate deterrent? - Former envoy Kananathan

Colombo, July 24 (Daily Mirror) - Every day, thousands of Sri Lankans walk into hospitals and laboratories believing that every medicine they receive, every blood test conducted and every diagnosis made is governed by one principle: patient safety. They never imagine that expired chemicals could be used to produce their test results or that medicines past their expiry date could be dispensed for treatment. They trust that those entrusted with protecting life have already fulfilled that duty.

That is why the latest enforcement action by the Consumer Affairs Authority (CAA) should outrage every citizen.

The CAA yesterday initiated legal action against 23 private hospitals and medical laboratories after investigations reportedly uncovered expired chemicals allegedly being used in laboratory testing, expired medicines kept for patient care and sale, laboratory charges exceeding regulated prices, and expired chemicals stored alongside usable stock. Courts have imposed fines totalling nearly Rs. 5.8 million, while further prosecutions are expected against additional institutions.

These are not technical violations, clerical oversights or paperwork errors.

If expired chemicals are used in laboratory testing, the consequences can be catastrophic. A single inaccurate result can trigger a missed diagnosis, delayed treatment, unnecessary surgery, inappropriate medication or false reassurance that everything is normal. In healthcare, one wrong diagnosis is not simply an administrative lapse—it can decide whether a patient survives or dies.

Expired medicines raise even more disturbing concerns. Every patient has the right to expect medicines that meet accepted standards of safety, quality and effectiveness. No one seeking treatment should ever receive medicines that should have been destroyed instead of dispensed.

Perhaps even more alarming is the reported failure to separate expired chemicals from usable stock. If proven, this reflects not only gross negligence but a complete breakdown of inventory management, quality assurance and professional responsibility inside institutions entrusted with protecting human life.

The public deserves answers.

How long had these expired materials remained in circulation? Who authorised or ignored their continued storage? Were quality assurance systems functioning? Were audits manipulated or neglected? Were patients harmed? Have affected patients been identified? Have corrective measures been independently verified? Most importantly, who will be held personally accountable?

These questions extend far beyond the courtroom.

The fines imposed by the courts are substantial on paper. But for large private healthcare institutions generating significant revenue, financial penalties alone risk becoming nothing more than another operating expense. If institutions can simply pay fines and continue business as usual, the law has failed to protect the public. Patient safety demands consequences that cannot simply be written off.

A compromised medicine cannot restore lost health. A wrong diagnosis cannot reverse irreversible harm. Human lives cannot be compensated with fines.

This is precisely why regulators must use every legal power available whenever serious or repeated violations are established. Institutions found guilty should face suspension of operating licences, cancellation of licences for repeated offences, criminal prosecution of responsible directors and managers, disqualification from holding healthcare management positions, mandatory public disclosure of violations, and compensation for patients where harm has occurred. Accountability must reach the individuals responsible—not merely the corporate entity.

Equally important is restoring public confidence.

Sri Lanka’s healthcare professionals have earned enormous respect through decades of dedicated service. Thousands of doctors, nurses, laboratory scientists and pharmacists uphold the highest professional standards every day. Their integrity should never be tarnished by institutions that place profits, negligence or weak governance above patient safety. Strong enforcement protects patients while safeguarding the reputation of the overwhelming majority of healthcare professionals who faithfully follow the law.

The CAA deserves recognition for conducting islandwide inspections instead of waiting for tragedy to expose systemic failures. Prevention remains the strongest form of public protection.

But enforcement must not end with fines, headlines and forgotten court cases.

Expired medicines and chemicals have absolutely no place in any hospital, laboratory or pharmacy. If investigations confirm these practices occurred, the punishment must be severe enough to make every healthcare institution understand that compromising patient safety will carry consequences far greater than a financial penalty. Anything less sends the wrong message.

Trust, once broken, is extraordinarily difficult to rebuild.

Sri Lankans deserve a healthcare system where every diagnosis is accurate, every medicine is safe, every laboratory meets the highest professional standards, and every patient can seek treatment without fearing that negligence, greed or complacency has replaced professional responsibility.

When human life is at stake, accountability must never be measured by the size of the fine, but by the certainty that those responsible face penalties severe enough to deter every future offender and restore public trust in the nation’s healthcare system.

(The  writer is a former Diplomat Ambassador Kana Kananathan, a lobbyist and a businessman, with over four decades of experience on the African continent. A long-time resident of Africa, he served as Sri Lanka’s envoy to Kenya, with concurrent accreditation to 22 African nations, and was the permanent representative to UN Habitat and UN Environmental Programme. Over the years, he has been the Elections Monitor across the continent, working closely with African governments, and has built enduring partnerships with African leaders. He also served as Economic and Investment Advisor to former President Professor Alpha Condé of the Republic of Guinea)