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 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."
He, therefore, ruled in favour of the plaintiffs and awarded the father and husband ¢400,000.00 each for loss of expectations of life; ¢50,000.00 in damages of mental distress also to them, ¢100,000.00 to the baby, Yaw Nyamekye in damages for pain and suffering.
The court also awarded ¢50,000.00 to Yaw Nyamekye in damages for disfigurement; ¢50,000.00 in damages to primary caregivers and an additional ¢25,000 in damages.