37 Military Hospital sued again: High Court slaps over GH¢1 million for medical negligence
An Accra High Court has fined the 37 Military Hospital an amount of ¢1,075,000 for medical negligence which resulted in the death of a 27-year-old pregnant woman.
The court ruling is the outcome of a suit filed by the plaintiffs (father and the husband of the deceased, a retired Captain of the Ghana Armed Forces) after the death of Helena Brema Nyamekye, a PhD Student of the University of Ghana.
According to the Plaintiffs, in 2015, when the deceased was due to deliver, she opted for a Cesarean Section, but her request was turned down.
Instead, the doctors decided to take her through normal delivery.
This caused her to bleed profusely and so she died in the process.
However, in their defence, the doctors argued that the deceased’s request for a Cesarean Section was made rather late.
But the court presided over by Justice Kweku Tawiah Ackaah-Boafo, in its judgement, stated that evidence presented before the court showed that the request was made in the morning of November 11, 2015, hours before the delivery was carried out.
He stated that the circumstances that led to the death of Mrs Nyamekye could have been avoided.
According to Justice Kweku Tawiah Ackaah-Boafo, the defendant’s counsel failed to address the issue as to why the Cesarean Section, as requested by the deceased, was not carried out by the doctors.
He said, “no plausible or reasonable explanation was given to the court by the doctors as to why the request was not conducted.”
The judge then had no choice than to slap the amount of ¢1,075,000 for medical negligence which resulted in the death of the pregnant woman.
This is the second time the hospital has been sued heavily for negligence in two months.
It will be recalled that in the family of a 48-year-old patient, Solomon Asare-Kumah, also died after being admitted to the 37 Military Hospital in 2019. His family successfully sued the management of the facility over alleged medical negligence in the sum of GHc2 million.
Before that suit, a 30-year-old patient of the LEKMA Hospital had sued the hospital for removing her womb without her consent and also causing the death of her new born baby in 2019.
Issues of medical negligence are fast becoming very common especially in our public health facilities.
However, only few people are often able to take legal action against them for compensation and redress.