Ninewells Hospital in Colombo has paid Rs. 45,900 in compensation to a lawyer following a Consumer Affairs Authority (CAA) inquiry into a complaint that an inaccurate weighing scale reading led to unnecessary tests and treatment for his newborn baby.
The complainant, attorney-at-law Bhanuka Malawiarachchi, confirmed that he had received the payment following a two-year legal battle. He said he intended to donate the money to a cancer hospital fund or a rural hospital.
The complaint arose from a clinical examination in June 2024, when Malawiarachchi’s 10-day-old baby was weighed at Ninewells Hospital. An electronic scale recorded the infant’s weight as 2.48 kg.
Suspecting an abnormal loss of weight since birth, the paediatrician recommended two laboratory tests, including a bilirubin test, and prescribed treatment.
The parents, who questioned the medical recommendations, took the baby to Kings Hospital the same day. The infant was weighed using two different scales, which recorded a weight of 2.675 kg.
Malawiarachchi subsequently complained to the CAA, alleging that defective equipment at Ninewells Hospital had resulted in unnecessary medical expenses.
According to the case records, a recording of a telephone conversation submitted by the complainant indicated that the doctor had acknowledged receiving previous reports of similar problems involving the hospital’s weighing scales.
An unannounced inspection by the Department of Measurement Units, Standards and Services in August 2024 also found a non-functional weighing scale in one of the hospital’s consultation rooms.
The complaint raised additional concerns about the hospital’s services, including an allegation that Malawiarachchi’s pregnant wife had been required to wait for more than two hours on a plastic chair near the registration counter before her Caesarean section. It also cited inadequate cleaning and maintenance of inpatient rooms.
The hospital management denied legal liability but acknowledged individual lapses in room maintenance and said steps would be taken to improve seating arrangements in the lobby.
Following an inquiry under Section 32 of the Consumer Affairs Authority Act No. 9 of 2003, CAA Chairman Hemantha Samarakoon issued an order dated 7 September 2026, directing the hospital to pay compensation within 30 days.
Malawiarachchi expressed hope that his complaint would encourage others receiving healthcare services to challenge similar injustices and seek protection of their consumer rights.
