Private legal practitioner Phoebe Ampofo Ofori has asserted that the decision by the family of the late Charles Amissah to sue the state, three hospitals, and several health professionals over a medical neglect incident is a step in the right direction.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, she noted that the move will set a powerful precedent and restore sanity to the health sector, ensuring that professionals understand the severe consequences of failing to perform their duties properly.
She lamented that cases of medical negligence have become far too frequent and stressed that it is time those responsible are held to account.
Her comments follow legal action initiated by the family of the late engineer, Charles Henry Amissah, through his sister, who is a medical doctor.
The lawsuit targets three major hospitals, multiple health professionals, and the Attorney General. Ms Ofori explained that if a court of law finds the named nurses liable, the government must compensate the family.
Under the principles of employment law, the government acts as the employer of these healthcare workers, who were operating on behalf of the state.
Consequently, if an employee commits a wrong in the course of their employment, the employer must bear the consequences.
Elaborating on the legal mechanics of the case, Ms Ofori highlighted how the outcome could reshape accountability in Ghanaian healthcare: “The committee that conducted their investigation revealed the death was due to medical neglect and the three hospitals were said to have contributed to that. To the extent that they failed to provide medical care, they may be held responsible. In the event that the court agrees with the family, under the principle of vicarious liability under civil law, the state will be held legally and financially responsible.
This case will serve as a precedent because medical negligence cases are becoming one too many. We have laws in Ghana and until you get into trouble, you may think the laws don’t work. This case will put medical professionals on their toes. It will make them put in more effort. It will put the government on its toes and other stakeholders on their toes. Policy-wise, it will allow the government to put in measures to provide better healthcare systems.”
By: Rainbowradioonline.com/Ghana