Medical Negligence in the Context of the Ghanaian Criminal Jurisprudence

Abstract

This article dealt with the criminal jurisprudential questions of: 1) whether multiple/concurrent action in medical negligence are actionable in the Ghanaian Criminal Jurisprudence? 2) whether vicarious liability lie for the employer of the medical or surgical practitioners who commit negligence in medical or surgical treatment? The legal analysis found that the Ghanaian Criminal Jurisprudence accommodate the concurrent or multiple actions in crime and tort for the same act of the defendant. Even though the double jeopardy principle explicitly expounded in the criminal jurisprudence and the Constitution of Ghana bars action on the same offence. The position of the criminal law indicated that while the same defendant cannot be punished twice for the same offence it is actionable in law for the same act to be punished with multiple or concurrent actions. The analysis further found that the criminal law imputed intent for both juristic person/body corporate and natural person and thus both can be found liable in crimes such as manslaughter and tort act of gross negligence at law. It is concluded that the Ghanaian Criminal Jurisprudence allows the same act to be met with concurrent actions and thus employers of health facilities are not absolved from the gross negligent treatment in medical or surgical procedures of their medical employees. The employer shall be held vicariously liable while multiple suits could be filed against the medical or surgical practitioners for the same act of gross or general negligence in medical or surgical treatments.