A father’s nearly two-year battle against Ninewells Hospital over an allegedly incorrect weight measurement of his newborn baby has ended in victory, with the Consumer Affairs Authority (CAA) ordering the private hospital to pay compensation.
Speaking to Newswire, attorney Bhanuka Malaviarachchi, who filed a formal complaint against the hospital in June 2024, said the ruling came after a lengthy fight for justice over an incident involving his 10-day-old baby.
“Regarding a complaint I lodged against Ninewells Hospital, the CAA has finally delivered a verdict in my favour and ordered Ninewells Hospital to compensate me in the sum of Rs. 45,900,” Malaviarachchi told Newswire.
Describing the ordeal, he said the hospital had used a malfunctioning weighing scale to measure his newborn baby’s weight, resulting in medical recommendations based on what he believed was an incorrect reading.
“This was a rather sensitive case involving my newborn baby. The hospital weighed my baby using a malfunctioning weighing scale and prescribed certain medical tests and treatments based on the incorrect reading. However, when I had my baby’s weight checked again at Kings Hospital, it became evident that the reading obtained at Ninewells Hospital was incorrect,” he said.
“It was a hard fought battle, but justice has finally been served,” he added.
According to the case records, the infant was initially weighed at Ninewells Hospital, where an electronic scale recorded a weight of 2.48 kg.
The attending paediatrician expressed concern over the reported weight loss and recommended two laboratory investigations, including a serum bilirubin test.
Concerned by the findings, the parents subsequently took their baby to Kings Hospital, where another paediatrician checked the infant’s weight using two separate scales, recording 2.675 kg.
The difference in readings prompted Malaviarachchi to pursue a complaint with the CAA, questioning the accuracy of the weighing equipment and the medical expenses incurred.
During the inquiry, the complainant submitted a recorded telephone conversation in which, according to the case documents, the paediatrician acknowledged that issues with weighing scales had previously occurred at the hospital.
The records also referred to an inspection conducted by the Measurement Units, Standards and Services Department in August 2024, after the hospital said its weighing equipment had been readjusted.
The inspection report noted that an inactive weighing scale remained inside a consultant room used by paediatricians.
The complaint also raised concerns about the hospital’s admission procedures and room cleanliness during the family’s stay.
Malaviarachchi alleged that his pregnant wife had been required to wait for more than two hours on a plastic chair near the admission counter before her Caesarean section in June 2024.
He also complained about inadequate cleaning of the hospital room allocated to the family.
According to the case documents, Ninewells Hospital denied liability but acknowledged potential admission delays and individual oversights in room maintenance. The hospital also indicated that lobby seating was being replaced following feedback.
Following an inquiry under Section 32 of the Consumer Affairs Authority Act No. 9 of 2003, CAA Chairman Hemantha Samarakoon issued an order directing the hospital to compensate the complainant.
The order, dated September 7, 2026, required the hospital to comply within 30 days, with provisions for further legal action in the event of non-compliance.
Malaviarachchi told Newswire that he had since received the compensation and intended to donate the money to a cancer hospital fund or a hospital in a rural area.
Explaining why he decided to pursue the matter and speak publicly about his experience, he said he hoped the outcome would encourage other patients to stand up for their rights.
“I believe this is a good opportunity to raise public awareness. I heard many of my friends had faced similar experiences,” he told Newswire. (Newswire)