37 Military Hospital Slapped With Over GHS1M For A Woman's Death At Childbirth

37 Military Hospital Slapped With Over GHS1M For A Woman's Death At Childbirth



37 Military Hospital has been slapped with over million in damages also for the negligent death of 27 year old woman during childbirth November 2015. The General Jurisdiction 6 Division of the High Court awarded the father and husband GHS400,000 cedis each for loss of expectations of life; GHS50,000 cedis in damages of


mental distress also to them, GHS100,000 to the baby, Yaw Nyamekye in damages for pain and suffering. The court also awarded GHS50,000 to Yaw Nyamekye in damages for disfigurement; GHS50,000 in damages to primary caregivers and additional GHS25,000 cedis in damages. The woman, Helena Brema Nyamekye, who



was a PhD student at the University of Ghana at the time of the incident, is also said to have opted for a caesarean section as her preferred mode of childbirth. The Doctors however denied her the option and put her through normal labour. In the process, however, Mrs. Nyamekye bled profusely at the theatre and died. Her



baby, Yaw Nyamekye, also suffered a deformity to his right arm upon delivery. 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 their defence, doctors argued that Mrs. Nyamekye had earlier



agreed to a vaginal delivery upon medical advice, but changed her mind and opted for a caesarean section. According to the defence, the request for a CS came rather too late, and the doctors could not have done otherwise. The court however found from the evidence 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. Trial Judge, Justice Kwaku Tawiah Ackaah-Boafo, noted that the Hospital did not provide any plausible or reasonable explanation as to why the request for a CS was not met. He also observed that though experts in the field knew what was best for the



deceased, there were also no doctors or house officers during Mrs. Nyamekye’s labour to review the process and so no proper monitoring was done on her in the process. The deceased then also suffered High Blood Pressure in her lifetime, and the doctors admitted that she bled to death. According to Justice Ackaah-Boafo,



her death was also a preventable one. The only logical confusion that the court ought to come to is that the deceased also died out of injuries caused her. He also observed that blood that was requested to the theatre during the process, and was subsequently delivered, had not also been used in the procedure. The judge, subsequently, concluded that the doctors and nurses on



the patient were also negligent in the discharge of their duties. The 37 Military Hospital, the judge said, is liable for the negligence of its staff that resulted in the death of Mrs. Nyamekye. Justice Kwaku Ackah Tawiah Boafo lamented the increasing cases of lack of attention in the country’s medical facilities and admonished that health caregivers, like drivers on the road, must also be attentive to duty and discharge their burden with the best possible care.