Manavasinghe heirs sue Asiri

by Chitra Weerarathne

The Asiri Hospitals Limited and Dr. Neville Perera, were sued, claiming Rs. 40 million, in the Colombo District Court plaint No. 34799 MR filed on December 18, 2002.

The plaintiffs in this case are the Late Prabarth Manavasinghe’s wife, and three children, namely, Mrs. D. N. A. Manavasinghe (wife) and daughters Mrs. H. U. Manavasinghe, Miss L. H. P. Manavasinghe and Miss N. N. P. Manavasinghe.

The deceased, at the time of the death was a senior assistant secretary to the Ministry of Finance and a veteran journalist.

The complaint by the heirs of late Manavasinghe to court was that on March 14, 2001, the late Mr. Manavasinghe was admitted to Asiri Hospital for a surgical operation, and it was scheduled to take place at 4 p.m. on March 14, 2001. However, Dr. Neville Dayawanse Perera, the surgeon, who was due to perform the surgery did not turn up till 10 O’clock in the night to perform the surgery.

The patient was admitted to the operating theatre only at 10.30 p.m. and the surgeon performed the surgery, and came out of the theatre, at 12.30 a.m. The patient died on March 15, 2001, at 5.30 p.m. and the plaintiff alleged that the death took place due to the fault of the hospital and the surgeon.

The plaintiffs claim that the surgery was delayed, not done on time by the hospital authorities, and the surgeon.

While performing the surgery a portion only of the artificial stent, was removed. The surgery was completed without removing the balance portion. No precautions were taken with regard to the after effects and the consequences of the surgical operation.

The surgery was alleged to be done negligently and was interrupted in between.

The failure of the doctor to give proper instructions and guidance to the hospital authorities to take precautionary measures, after the surgery, was given as a reason for the death, in the plaint. The patient was not treated properly and kept in the correct place after the surgery, the plaint said.

Having informed the serious condition of the patient, no steps were taken to take care of the patient and consequently, the death resulted, the plaint alleged.

The damages claimed by the wife on the basis of losing the spouse. The children who were dependant on the father, claim damages for losing him.

The plaint will be supported in court by Wijeyadasa Rajapakse P.C., appearing with Kapila Liyanagamage, and Ranjith Meegaswatte, instructed by G. G. Arulpragasam.