Medical Negligence in Ghana - Another Look at Asantekramo

Abstract

Asantekramo alias Kumah v. Attorney-General [1975] 1 GLR 319 is a medical negligence case that is reported in the Ghana Law Report. The case was heard before the High Court in Kumasi. The basic facts of the case were that a female patient of the then Okomfo Anokye Hospital had an arm amputated following an operation for an ectopic pregnancy. A successful action for negligence wasbrought against the hospital. The article discusses the trial of this case and looks at some of the possible issues the hospital could have raised to defend itself. It comments on what appear to have been some fundamental errors made by the judge which appear tohave gone unchallenged, which may have resulted in heavy damages awarded against the hospital. It comments on the need for doctors, other health workers and health institutions to defend themselves where appropriate, recognising however that not all cases are defensible.