Evaluation of the law relating to medical negligence in Sri Lanka

Abstract

Reasonable competent and skilled medical practitioners owe a duty of care to their patients. Medical negligence and malpractice are expressions that are used in the medical community very often. It is hard to collect a handful of successful Sri Lankan case law documents that reached the Supreme Court. However, an exception exists from the landmark case of Priyani Soyza v. Rienzie Arseculerathe for the Recovery of Damages for the Death of a Person prior to enacting Act No.2 of 2019. This case law is just a tip of an iceberg. Many more merits have still been underreported. Prevailing tort liability of medical negligence in Sri Lanka is neither the best nor certain. The professionally skilled staff owe a huge debt of gratitude to their clients to perform a reasonable duty of care. However, when it comes to human health, the professional relationship becomes livelier and more sensitive. Negligence is a common terminology in any profession, occupation, business, or trade where a prudent person would not reasonably omit or commit, resulting in ultimate physical, mental, or economic loss. The growth of science and technology and free health policy in Sri Lanka have been taking an immense struggle through legislative, international conventions case laws, and eminent legal commentaries to fulfill the patient-oriented medical system. This paper aims to analyse and evaluate the ups and downs of the Sri Lankan legal system regarding medical negligence while comparatively introducing successful sources from other jurisdictions. Primary and secondary data collected were analysed using the qualitative research approach in this study. In this study, the qualitative research approach was used and data for analysis were gathered from both primary and secondary sources. In conclusion, admire the hypothesis and recommendations of the successful green pasture oasis used in consumer protection law, professional insurances, and non-fault redress for prevailing tort-based Medical Negligence.