The Ho High Court has dismissed a motion to transfer a negligence case against the Aflao Central Hospital and two of its nurses to the Denu High Court.
The court, presided over by Justice Yaw Owoahene-Acheampong, upheld the argument by counsel for the plaintiffs, Christian Lebrecht Malm-Hesse, that the Ho High Court has jurisdiction over the case.
The plaintiffs, family members of the late Linda Adua, who died after allegedly being neglected by the nurses, had received threats from some individuals in Aflao who are unhappy with the suit.
One of these threats is currently under investigation by the Aflao police. Defendants’ counsel, Isaac Kodjoe Teye, had requested the transfer to save costs and relieve travel burdens for the two parties. However, the court prioritised the plaintiffs’ safety and reaffirmed its stance to hear the case.
Decision
The court was concerned about the safety of the plaintiffs, and this influenced its decision.
The case will proceed before the Ho High Court in the next legal year (October 2024). The plaintiffs’ counsel has filed a judgment of default in appearance against the defendants for non-appearance.
The Central Aflao Hospital in the Ketu South Municipality of the Volta Region and two of its nurses were in the eye of the storm for alleged medical negligence after Ms Adua, in a critical condition, was refused treatment unless cash was deposited, leading to her death.
The family said the pleas of the sick woman and her 19-year-old son could not convince the nurses to accept mobile money payment for her treatment, leaving the patient unattended until she passed away.
The legal action follows a preliminary report by the Volta Regional Health Directorate, which identified institutional lapses, including unclear directives, lack of guidelines, weak monitoring and over-reliance on locum staff, contributing to the patient’s death.
Supervision
It recommended that the hospital management engage with the deceased’s family to bring closure to their loss. The hospital and two nurses face allegations of medical negligence after Ms. Adua was refused treatment unless cash was deposited, leading to her death.
The family claimed that the nurses refused to accept mobile money payment for her treatment, leaving the patient unattended until she passed away.
The Medical and Dental Council and Ghana Health Service swiftly responded to the petition and dispatched a team of investigators to the hospital to probe the matter. The defendants’ counsel stated that their clients were not opposed to settling the case out of court.
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