Couple sues St. John Hospital & Fertility Centre for GH¢5m over purported dereliction of duty

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A couple has sued St. John Hospital & Fertility Centre, blaming them for the death of their baby and demanding GH¢5 million for the loss of life, pain, and suffering occasioned by their alleged actions.

The couple, Mr. Ekow Andoh and Mrs. Sandra Tekyiwaa Sackey, in their statement of claim, prayed the court for a declaration that the defendant is vicariously liable for the medical negligence of its employee health workers since their negligent omission and commission caused their baby to be diagnosed with severe asphyxia and subsequently led to the baby’s death.

They also want an order directing the defendant to pay the cost of litigation, including legal fees per the Ghana Bar Association Scale of Fees 2022.

They said the defendant knew or ought to know that its health officers’ actions and inactions fell below the standard of care when its officers failed to curtail a prolonged delivery by Mrs Sackey (2nd Plaintiff) when the latter was under the duty of care of the defendant and same caused the couple’s baby boy to be diagnosed with severe asphyxiation, which caused the death of the baby.

They said the defendant’s midwives declined the 2nd Plaintiff’s request for elective caesarian section (CS) at the commencement of delivery of the 2nd Plaintiff’s baby, which decline caused a prolonged delivery of the 2nd Plaintiff and resulted in severe asphyxiation and the death of Plaintiffs’ baby.

The couple further contends that the defendant’s delay from decision to delivery and inadequate care caused severe asphyxiation and the eventual death of the plaintiffs’ baby.

They state that the 2nd Plaintiff, upon discharge from the hospital and about a week later, realized that the stitched part of her vagina produced colored discharge, causing her great discomfort. Additionally, the 2nd Plaintiff mostly felt dizzy, weak, and easily tired when attempting to walk or engage in any activity.

The Plaintiffs said from the foregoing, the Holy Care Specialist Hospital examined the 2nd Plaintiff and observed that her stitches had not been carried out to standard as most of the stitches were in knots and had caused infection with a discharge.

The Holy Care Specialist Hospital affirmed the ongoing anaemia of the 2nd Plaintiff to be 7 g/dl of haemoglobin.

They asserted that the defendant, as the owner and administrator of a WhatsApp group named “ST. JOHN’S PREGNANCY CLASS” with not fewer than 150 pregnant women on board, including the 2nd Plaintiff, circulated thereon that Korle Bu Teaching Hospital was to be blamed for the death of the baby and not them.

The Plaintiffs said the defendant removed the 2nd Plaintiff from the said WhatsApp group amidst the death of the Plaintiff’s child and other pregnant mothers asking questions.