While they investigate all complaints related to medical negligence received in a formal manner and take the relevant measures, the Sri Lanka Medical Council (SLMC) stated that they do not voluntarily investigate such incidents except in certain special cases.

Minister of Health, Dr. Ramesh Pathirana had recently told the media that nearly 600 complaints over incidents of medical negligence involving health staff, including doctors, are lodged annually.

Since the SLMC is the statutory body established for the purpose of ensuring the maintenance of academic and professional standards, and the discipline and ethical practice of health professionals who are registered with it, The Daily Morning queried its Registrar Dr. Hemantha Herath as to what action the SLMC takes with regard to such complaints. In response, he said that a separate unit within the SLMC is investigating such incidents upon the receipt of a formal complaint. 

“When investigating these incidents, there should be no room for injustice to any party. There are separate regulations to be followed. That is why we should receive complaints in a formal manner. If complaints are lodged in such a manner, it will definitely be investigated and necessary action will be taken. However, as it will be problematic for the SLMC if any decision regarding these investigations is challenged before court, we conduct these in a very formal manner,” he said.

Although there was a backlog of complaints of medical negligence due to various reasons including the Covid-19 pandemic in the past few years, he said that most of the complaints have now been resolved. In response to a query as to whether the SLMC would act with regard to any incident without a complaint being lodged, he said: “If the SLMC observes something reasonable, even I, as the Registrar, can lodge a complaint, but, we don’t exercise that authority except in certain special cases. That is because it is not acceptable for the SLMC to lodge complaints and also investigate them.”

Speaking to the media during a recent event, Dr. Pathirana claimed that numerous mistakes on the part of the medical professionals had been identified through the analysis of patient complaints. Highlighting the range of issues that the health sector is currently grappling with, he urged the health staff to prioritise delivering services to the people, and to reassess their commitment towards ensuring the wellbeing of the patients.