De Soysa Hospital death of infant at delivery : Mother of child files FR application

by Wasantha Ramanayake

The mother of the child that died recently at the De Soysa Hospital for women filed a Fundamental Rights application before the Supreme Court against the alleged inhuman and degrading treatment meted out to her by the medical staff during the delivery of her child.

Petitioner V. Careem cited Hospital Director Dr. Mrs. V. S. P. Pannila, Medical Officers Asanga Vithanage and D. S. Wijethilake, Staff Nurse U. P. Kuruppuarachchi and Midwife S. Jayawardane both of labour room D of the hospital and the Attorney General as respondents.

The petitioner stated that she had severe labour pains and begged the fourth and fifth respondents, the staff nurse and the midwife who were assisting her in the labour room D to summon a doctor, to which the staff nurse responded in negative saying that she knew "what's to be done and when to call for a Medical Officer" with her 25 years of experience.

The petitioner stated that the respondent further reprimanded the petitioner and asked her to be quick with the delivery since they were in a hurry to catch the train.

She also alleged that the midwife had delivered three blows to subdue her. The respondent midwife had held the petitioner in a vicious grip and the petitioner had to lie on a side, not on her back.

The petitioner stated that the medical advice was that her fetus was alive and the delivery should be normal.

She alleged that the two respondents acted sans any compassion and the fourth responded had scolded the petitioner when she had sought the assistance to have her legs raised to facilitate the delivery. The staff nurse had shouted at her stating that she was not there to do such things.

The petitioner stated that she delivered the baby at 6.47 in the morning and that the baby was not crying. She had later learnt that the baby had turned blue and died. She alleged that the respondent medical officers were present only after the delivery.

The petitioner stated that had the respondent nurse and the midwife timely summoned the medical officers and with the help their superior knowledge she would have delivered the baby with ease.

She sought a court declaration that the fourth and fifth respondents had violated her rights guaranteed under Article 11 of the Constitution and for an equitable sum as compensation and costs.