37 Military Hospital Slapped With GHC 1million Damages For Killing Patient

The 37 Military Hospital has been slapped with one million cedis in damages for the negligent death of a 27-year-old woman at the hospital.

The deceased, Helena Brema Nyamekye had died during childbirth in November 2015.

At the time of her demise, she was studying for her PhD at the University of Ghana.

According to the suit, while facing difficulties in birthing her son, Yaw Nyamekye, she pleaded for a caesarean section, but Doctors at the 37 Military Hospital refused her request and subjected her to gruelling regular childbirth which killed her.

The husband of the deceased, Captain Nyamekye (Rtd), and the father of the deceased subsequently sued for damages for loss of life, trauma and negligence, as well as General damages.

In awarding the damages against the negligent state-owned hospital, the General Jurisdiction 6 Division of the High Court awarded the father and husband GHS400,000.00 each for loss of expectations of life; GHS50,000.00 in damages of mental distress also to them, GHS100,000.00 to the baby, Yaw Nyamekye in damages for pain and suffering.

The court also awarded GHS50, 000.00 to Yaw Nyamekye in damages for disfigurement; GHS50, 000.00 in damages to primary caregivers and an additional GHS25,000 in damages.

Her baby, Yaw Nyamekye, also suffered a deformity to his right arm upon delivery.

The hospital had argued that Mrs. Nyamekye had earlier agreed to a vaginal delivery upon medical advice, but changed her mind and opted for a caesarean section, adding that the request for a CS came rather too late, and the doctors could not have done otherwise.

However, the court punched holes in the defence when evidence showed that the request for a CS was made on the morning of November 11, 2015, and could not have been said to have come late at the time of birth late in the night.

Trial Judge, Justice Kwaku Tawiah Ackaah-Boafo proceeded to slap the damages on the hospital, saying “her death was a preventable one”.


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