Weerasekera Mudiyaselage Jayatilake vs Dr. P.A.D. Darmathilake – CA NO. 581/2000-2013

In the case between Gardiya Punchihewage Chandrawathie (substituted plaintiff-appellant for Weerasekera Mudiyaselage Jayatilake, deceased) and Dr. P.A.D. Darmathilake (1st defendant-respondent) and others, the court addressed the issue of whether the 1st respondent’s administration of Anti-rabies Vaccine (ARV) without a prior pre-test, following a dog bite, amounted to medical negligence under Roman Dutch Law (Lex Aquilia) or English law standards. It was held that the evidence did not establish any deviation from accepted medical practice or a requirement for pre-testing before ARV administration, and that the practitioner acted in accordance with professional norms prevailing at the time. This decision reaffirmed the principle that liability for medical negligence only arises where treat