The family of 48-year-old Solomon Asare Kumah who died at the 37 Military hospital in October 2019, has sued the facility, a doctor, the Chief of Defence Staff and the government for negligence. 

The family wants to be paid GHS2 million as damages for medical negligence that led to the death of the deceased.

According to the family of the deceased, their relative died due to negligence and a breach of contract on the part of the doctor, Col Dr Gao Appiah and the hospital.

“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 and, thus, causing his death,” the family argued in a writ filed in 2021.

In the negligence complaint, the family argued that the hospital (3RD DEFENDANT) and its employees failed to provide the appropriate standard of care when they failed to notice within reasonable time that Solomon’s tube had been wrongly inserted until he (Solomon) became extremely bloated.

“The 3rd defendant and its employees responsible for Solomon’s care, particularly the 4th defendant (Doctor), failed to exercise due care when they failed to ensure on 16th September, 2019, that the drill required for Solomon’s surgery was in good working condition before cutting open Solomon’s skull, thereby exposing his body and organs to considerable strain and clotting in the vein, a condition which required an expensive procedure costing Solomon and his family the Ghana Cedi equivalent of five thousand five hundred United States Dollars ((US$5,500.00) plus other expenses to treat.”

The Writ continued that: “The 3rd defendant and its employees failed in their duty of care to Solomon when they failed to notice that Solomon had developed symptoms of clotting in the vein; and

“The 3rd defendant failed in its duty as a referral hospital to ensure that it had the requisite tools and equipment to treat Solomon’s condition before admitting him.” 

The family is, therefore, seeking the following Reliefs from the court:

a. A Damages of two million eight thousand two hundred and fifty-nine Ghana Cedis and fifty-seven pesewas (GHS2,008,259.57) 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 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 (GHS20,000.00) being funeral and other expenses incurred; the sum of thirty-six thousand two hundred Ghana Cedis (GHS36,200.00) 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 (GHS10,000.00) being the expenses incurred by family during Solomon’s 60-day stay at the 3rd defendant’s facility; and sum of the Ghana Cedi equivalent of five thousand five hundred United States Dollars (USD5,500.00) 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 (GHS40,000.00).

It is expected that the High Court in Accra, will rule on the family’s application, which is seeking a release of the report of investigation into the matter by the Chief of Defence Staff and the Hospital pending the determination of the substantive matter.