Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-06 | 379-388
Review Article
Researching Into Medical Law and the Surge in Medical Negligence in Ghana: Proposition for a Specialized Healthcare Court to Deal with Such Cases
Prof. Raphael Nyarkotey Obu
Published : June 11, 2021
Abstract
Medical law and health law are the subject matter of this study. Medical negligence is a branch of medical law and covers all medical activity on the view of carelessness and rashness. In Frimpong V Nyarko [1998-99] SC GLR 734, where the Supreme Court was confronted with a problem whereby applying the law would have severe consequences on the party, Wiredu JSC(as he then was) said at page 742: “ The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law. The appellants are out of court, and their case would deservedly be put out of court in accordance with law”. Again taking a cue, in my respectful opinion, no matter how strong the sympathies I may feel for the Plaintiffs that cannot override the principles of law that I have applied. Is the principle of law as applied in medical negligence against patients? Maybe, Prof. Justice Date-Bah has the answer, “Medicine and the Law is a battle area and we need to bring the rule of law into that area. In Ghana, it is said that health professionals never testify against themselves and therefore there is a real hurdle to litigation of medical malpractice cases. It is important that health professionals should put the public interest first. On the other hand, we do not want to go the other way such as in America where doctors may fear to touch patients for fear of malpractice. There has to be a middle way somewhere”. In recent times, there has been a surge in allegations of medical negligence cases against medical professionals in Ghana in the media. This has become worrisome, resulting in some media houses waging a war on medical negligence. This paper therefore aims to conduct extensive review on medical negligence and the legal principles applied. It also aims to create awareness on medical negligence, provides futuristic policies in medical law direction in Ghana. The author recommends a specialized healthcare court and legislative instrument for a clear legal pathway for patients to curb the cases of alleged medical negligence.