6.1 crores to Sri Lankan doctor in UK over death of husband for negligence in hospital!

A Sri Lankan doctor, Kumudu Kumarasingha living in Britain was deprived of her husband's love and security at the most pleasant period in her life most unanticipatedly as a result of a blunder of a hospital. Later she appealed for justice over her husband's death. Though he died because of a serious heart condition, she said that he became a prey to a grave cardiac situation because of the negligence of the hospital. It was nevertheless a verdict granted by the Supreme Court that turned the British Health authorities upside down in respect of the

The Supreme Court returned a verdict that 335000 Pounds (a sum of about 61 crores) be paid to the wife of the deceased who was a distinguished Sri Lankan Engineer who had an untimely death because of sheer negligence of the British Health service.

It was Mr. Rohan Rupasingha, a clever Engineer who lived in Hertfordshire, St. Alban in Britain that happened to face death in the year 2010 . It was Mrs. Kumudu Rupasingha, a 38 year old leading doctor in the same hospital that had filed action against Watford Hospital for contributing to bring about the death of her beloved husband, claiming compensation. Mrs. Rupasingha mentioned that as a consequence of her husband's death she has had to expend more time in caring for her 2 children which she said halted progress in her occupation. In her complaint she had claimed that a separate compensation be paid to her in that respect.

Mr. Rohan Rupasingha as someone who was subjected to heart ailments for over a period of time had displayed serious disabilities even when being subjected to examinations in the hospital and in cardiograms as well, counsel for the plaintiff Gordon Bebb had informed courts. The counsel further placed on record to courts that Mr. Rohan Rupasingha who was to face this untimely death at the age of 33 years was someone who had a family history of heart problems and had shown signs of alert in cardiac examinations. It was in the year 2010 that Mr. Rupasingha who showed signs of sickness was suddenly admitted to the main hospital in Watford. At that time Mr. Rupasingha's wife Kumudu was serving as a locum doctor at the Accident Ward in the same hospital, the counsel exclaimed and further made the remark "As Mr. Rohan Rupasingha's heartbeat was varying, the doctors should have known that he was vulnerable to a serious heart problem at any moment. If doctors at Watford Hospital understood the gravity of Mr. Rupasingha's serious heart condition and if steps were taken to install a pacemaker instrument of a high quality of the ICD type right from the start Mr. Rupasingha would not have had to succumb. But because of their negligence that gentleman faced a major heart trouble and passed away". Speaking further the counsel added saying "She and her children aged nine and six were however entitled to compensation for their bereavement and 'loss of dependency' of their husband and father. They thus have a right to make a large claim of compensation on the two factors of the unbearable sorrow and the dependency they received from her husband and their father.

It was this Mr. Rupasingha who maintained the family from his prominent position. When he arrived after work he devoted his time in looking after his two small children at home with great love thus leaving room for his beloved wife to engage in her studies. What Mrs. Rupasingha's aspiration was to study Acute Medicine and to become a Consultant Doctor. But because of the tragic death of her husband her hopes crashed. She who was compelled to care for the two children single-handedly and having had to engage in the accident Ward of the hospital ultimately was deprived of the opportunity and urgency she had to attend to her studies to become a specialist doctor one day. Now she has to wait till the year 2019 to become a Specialist Doctor. If her husband was not called upon to face this unfortunate death, she would have been the recipient of a large salary of six figures (one million Pounds or Rs.185 million) by the time she was 50 years old. All this was forfeited simply because her husband died as a result of the negligence of this hospital. Therefore, we demand a further large sum of compensation from Watford Hospital on behalf of the large salary and career progress".

Giving testimony in courts Mrs. Rupasingha said "My dream was to become a Specialist Doctor as soon as possible. But after the untimely loss of my husband I was not able to achieve it".  Giving the verdict on the case, the Supreme Court Judge Mr. Jay had this to say: "Mrs. Kumudu Rupasingha is a highly intelligent doctor. She is a lady who who spent her family life with the children and her husband as a closely-knit family. The sudden bereavement of the husband is a loss which she and the children are not able to bear. I see that this family was a family that was closely bonded to each other. Just as much as these children possess exceptional characteristics they are fortunate enough to be children who possess parents of a bright calibre of a professional level.

However, unfortunately she has no legal right to demand compensation for the lost earnings which she could have earned if at all her husband did not pass away regrettably. Therefore I most kindly refute that request for compensation. Whatever it is, authorities at Watford Hospital have already held themselves responsible to the fact that her husband met with death owing to the negligence of their doctors. As such, I decree that Watford Hospital grant 335,000 Pounds (about Rs. 61 crores) as compensation to Mrs. Kumudu Rupasingha in respect of the life of her husband".

The sum of 335,000 Pounds perhaps is not sufficient to fill the void of the untimely bereavement of her beloved husband which incidentally cut short the journey which otherwise headed towards a bright future. However, the British Supreme Court verdict which meted out justice to Dr. Kumudu Rupasingha reminding the Field of Health the world over to afford maximum contribution for the life on behalf of whoever it is who approaches someone for treatment would undoubtedly be capable of.

--Devsiri P. Hewavidana of Galle from London