Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-3 | Issue-04 | 99-111
Review Article
Medical Law and Misrepresentation in the Practice of Homeopathy and Alternative Medicines in Ghana: Lessons learnt in studying Law & Practicing Holistic Medicine
Raphael Nyarkotey Obu
Published : April 9, 2020
Abstract
Tort is a very interesting aspect of civil law that seeks to provide remedy for injuries and non-pecuniary losses people experience as a result of the actions or omissions of others. In my study of Tort, I realized that it has so much to do with what goes on in the health sector, especially with regards to hospital-patient relations. It would seem however that its major concern is with the conventional medical sector. For instance, the case of Bolam v Friern Hospital Management Committee (1957) is the locus classicus when it comes to principles of tortious liability and medical practitioners. In that case, the court enunciated a yardstick (which came to be known as the “Bolam Test”) that should be used to ascertain whether or not a hospital/medical practitioner had been negligent in the delivery of his duty to a patient. One wonders however, if the “Bolam test‟ applies or would apply to alternative medicine practice? If not, what is an appropriate standard for measuring tortious liability among practitioners of alternative medicine? Cases of negligence in the context of alternative medicine are very rare in our law reports and there has not been any such case reported in Ghana to the best of my knowledge. Also, the Patient‘s Rights of the Ghana Health Service (GHS) Charter interestingly asserted that: “The patient is entitled to know of alternative treatment(s) and other healthcare providers within the Service if these may contribute to improved outcomes”. This means that alternative treatment is vital in the healthcare sector if it will improve on the quality of life (QOL) of the patient in Ghana. It is therefore vital to know of the court decision on prescribers of alternative medicines if the treatment goes sour. Also being a law student and practitioner of Naturopathy and Holistic Medicine, The Carlill V Carbolic Smoke Ball (1892) in Law of Contract case became my favorite partly because it falls under the umbrella of false claims and the company in question was a homeopathic company. It further signifies the many advertisements and claims made by practitioners of herbal, homeopathy and alternative medicine. Many of the practitioners in Ghana could be held liable if patients understand this principle and take them on for many of their false claims. In a nutshell, studying law has broadened my scope in the Medical field especially in the practice of Naturopathy and Holistic Medicine and I keep asking myself this simple question: How much of alternative and traditional medicine practitioners would survive if the legal principles were rigorously applied in Ghana?