by Hafsa Sabry
The young woman who was claimed to have been abused by the doctor was alleged to have been assaulted by her boyfriend and had been admitted to the SJGH with minor injuries on Friday, August 28, and then she was sent to the Kalubowila Hospital to be examined by the JMO since SJGH had no JMO’s. It was a legal case and the report needed confirmation from the JMO, said the Director of SJGH Dr. Susith Senaratne.
The doctor had allegedly requested the mother and a female attendant who accompanied the victim to wait outside during the examination room. The victim claims that even though she had no injuries in her upper body and chest she was unnecessarily examined by the doctor, over which she was very uncomfortable. One of the JMO doctors, a post-graduate temporarily attached to the University of Jayewardenepura, who was from the Ministry of Health, is alleged to have violated the basic ethical conduct of doctors which request a female or a male attendant to be present during the physical examination.
The doctor in question was temporarily attached to the forensic medicine unit of the hospital. The JMO unit jointly functions with the Colombo South Teaching Hospital – Kalubowila and the University of Jayewardenepura. He is a post-graduate and was serving as a JMO.
The allegation made against the doctor was that he examined the patient without a female attendant in the room. The victim has lodged a complaint with the police claiming the doctor examined her upper body and she felt uncomfortable. She also said that the doctor examined her where there were no injuries at all while the mother and the female attendant from the SJGH were kept outside the examining room.
However, Dr. Asela Gunawardena, Director of Kalubowila hospital told The Sunday Leader that if the doctor is proven to have requested the attendants and the mother to wait outside the room during the examination, he has clearly violated the basic ethic of the doctors conduct to and he will take action against this.
“The alleged doctor in question says he has not abused her while the patient says he has unnecessarily examined her, the court of law has to decide on what really happened depending on the evidence,” he added. It should also be investigated by non-medical people as there can be allegations that the doctor supported the investigation, said Dr. Asela Gunawardena.
The court should prove what happened and who is guilty in this incident as there were only two of them in the room.
Dr. Gunawardena said that they were not sure where the mother and the nurse were requested to wait as the examining room in the Kalubowila hospital where she was taken is a partly glassed room so that it is visible from the outside.
There will be a female attendant available all the time whenever there is an examination or someone would accompany the patient, whereas no one except for the patient and the doctor had been in there during the examination.
Susith Senaratne, Director of SJGH said that the victim in her compliant had clearly stated that she was not forced into the abuse but was examined unnecessarily in the absence of a female attendant. However, they have lodged a complaint at the police and the investigations are being carried out. Reports and evidence they required is being submitted to the investigation committee by both the hospitals and the court of law will decide the rest.
Immediately after the incident was reported to the directors of both the hospitals and the victim was asked to submit a written complaint and on hearing the news, the Health Minister has instructed the Director of the Kalubowila hospital to conduct a full investigation into the alleged incident.