Family sues 37 Military Hospital over death of 48-year-old man
The family of a 48-year-old man who died at the 37 Military Hospital has sued the hospital together with a doctor, the Chief of Defence Staff and the government.
The family is also demanding GHC2 million over negligence that led to the death of their relative.
According to the family, Solomon Asare-Kumah’s death at the facility in 2019 was a breach of contract and negligence on the part of the hospital and the doctor who attended to him.
In the writ of summons, the family contends that the 3rd defendant (Hospital) and its employees responsible for Solomon’s care, particularly the 4th defendant, (doctor) failed to exercise due care when they wrongly inserted the deceased’s breathing tube.
“The hospital and its employees failed to exercise due care when they wrongly inserted Solomon’s breathing tube under his skin thereby denying oxygen for a considerable amount of time and as such causing strain on his heart and other organs causing his death.”
“The 3rd defendant and its employees failed to provide the appropriate standard of care when they failed to notice within a reasonable time that Solomon’s tube had been wrongly inserted until he (Solomon) became extremely bloated,” the writ issued in 2021 stated.
The family, per the writ, is seeking the following reliefs
a. A Damages of two million eight thousand two hundred and fifty-nine Ghana Cedis and fifty-seven pesewas (GHC2,008,259.57) for negligently causing the death of Solomon Asare-Kumah;
b. Compensation to the widow and family members for mental distress, which eventually led to the death of Solomon’s father;
C. General damages for breach of the contract between Solomon and the 3rd defendant;
d. An order for the recovery of special damages for breach of contract and for negligence resulting in the following losses;
the sum of twenty thousand Ghana Cedis (GH&20,000.00) being funeral and other expenses incurred; the sum of thirty-six thousand two hundred Ghana Cedis (GH&36,200.00) being the sums of money collected from Solomon and or his family by 4th defendant through deceit, and unconscionable contract; the sum of ten thousand Ghana Cedis (GHC10,000.00) being the expenses incurred by family during Solomon’s 60-day stay at the 3rd defendant’s facility; and the sum of the Ghana Cedi equivalent of five thousand five hundred United States Dollars (US$5,500.00) being expenses incurred for the IVC filter procedure at the National Cardio Centre, Korle-Bu;
e. Any other reliefs the Honourable Court deems fit;
f. Costs including solicitor’s fees of forty thousand Ghana Cedis (GH&40,000.00).
Meanwhile, the Accra High Court is expected to rule on an application from the family seeking the Chief of Defence Staff and the Hospital to release the report of its investigation on the matter.