Medical negligence claim: Re-examination disallowed

An application by State Counsel to send a female model back for re-examination by the Judicial Medical Officer, in a three million rupee suit filed for alleged medical negligence, was disallowed by Kandy District Judge Nissanka Bandula Karunaratne.

The judge said there was already a highly qualified dental specialist who had given evidence and some others as well and no purpose would be served by sending the complainant for re-examination.

In this case a 27-year-old model Purnika Shyama Kumari Rambodagalle has filed a complaint in the Kandy District Court seeking damages of Rs. 3,300,000 from Dr.R.C.Prasanna and the Director of the Peradeniya Dental Hospital.

Ms. Rambodagalle has complained that by the negligence of the dental practitioner at the Peradeniya Dental Hospital she had scars on her face. She said that with complete confidence she went on May 3, 2001 to Dr. Prasanna who was working under Prof. A.de.S.Amaratunge. She was advised to undergo a surgical operation to attend to the tooth on the lower palate.

She said Dr. Prasanna used a number of instruments and in the end he used an automatic drill which cut into the flesh of her lips. This caused blood to flow and vaseline was applied.

She said as a result a scar was formed and she was unable to continue her professional career and her chances of marriage were also affected. Her professional assignments had also been barred, she complained.She said treatment abroad would cost her Rs. 1.2 million.Contd. Considering all this she claimed Rs. 3,300,000 as damages.

Dr.Kumara Ekanayake said he was a Consultant Surgeon at the Dental Faculty and he had experience in the United Kingdom and in Ireland. He said he had experience in Cosmetic Surgery and has been on the Specialist Registry in Cosmetic Surgery.

He said he had submitted a report and when shown a photograph said he could identify the particular wisdom tooth in question He said the equipment at the Dental Faculty gifted by Japan was now old, but was still used as there was a lack of funds to buy new equipment.

He also said already steps had been taken to seek the intervention of the President to buy equipment. The witness said he had examined the complainant and he examined the photographs shown to him.

He said there were two lesions of about three milimetres. The witness also examined in Court the complainant’s face and made his observations. The case was postponed for June 17, 2007.

Attorney Sunil Abeyratne with Ms. Dilini Abeyratne, Ms. Dimithi Bandara instructed by Vernon Gunasekera appeared for the complainant. State Counsel Shasi Perera instructed by Attorney F.M. Rasheed appeared for the respondents.