The Ho High Court has directed Central Aflao Hospital to pay GH¢5,000 in costs after the facility sought to amend its statement of defence late in an ongoing medical negligence lawsuit.

The case, presided over by Justice Rosemarie Afua Asante, was filed by the family of Linda Adua, a 39-year-old caterer who allegedly died after being denied treatment at the hospital.

Objection to Amendment


During proceedings, lawyers for the hospital applied to amend their defence statement while the trial was already underway.

However, counsel for the plaintiff, Christian Lebrecht Malm-Hesse, opposed the request, arguing that the case had already experienced several adjournments and that introducing changes at that stage would be unfair.

He told the court that pleadings had already closed and emphasised that allowing the amendment could alter the direction of the case.

According to him, granting such a request rests entirely within the discretion of the court.

Defence Position


Lawyer for the hospital, T. K. Dzimega, defended the application, stating that amending the pleadings and counterclaims would help prevent a multiplicity of legal actions and would not negatively affect the ongoing proceedings.

Court Ruling


Justice Asante granted the hospital permission to amend its defence but ordered it to pay GH¢5,000 in costs. The defence has been given two weeks to file the revised pleadings.

Family Seeking GH¢4 Million


The family of the deceased is demanding GH¢4 million in general damages, including compensation for loss of life, upkeep of Linda Adua’s surviving son, and funeral expenses.

The lawsuit follows a preliminary investigative report by the Ghana Health Service through its Volta Regional Health Directorate, which identified several institutional lapses at the hospital.

The report cited issues such as unclear directives, lack of operational guidelines, weak monitoring systems, and heavy reliance on locum staff, particularly doctors and nurses, as factors that contributed to the incident.

Allegations by the Family


According to the family, hospital staff allegedly refused to provide treatment to Linda Adua on April 11, 2023, insisting on cash payment upfront before attending to her.

Relatives claim that despite her severe pain and pleas from her 19-year-old son, nurses declined to accept mobile money payment for the treatment.

They further alleged that she was left unattended until she died.

An elder sister of the deceased, Abigail Adua, earlier stated that after Linda appeared lifeless, the hospital reportedly asked her son to take her to another government facility, where she was later pronounced dead on arrival.

Investigations


Following a petition submitted by the family to the President, the Minister of Health, the Ghana Health Service, and the Medical and Dental Council, investigations were launched into the circumstances surrounding the death.

The Medical and Dental Council and the Ghana Health Service dispatched investigators to the hospital, while the police invited two nurses mentioned in the case for questioning as part of ongoing inquiries.

Credit: Graphic.com.gh