ALBERT SOMI AND TEMA GENERAL HOSPITAL [2000]DLCHRAJ5892

Date	2000-08-16
Suit No.	Our Ref: CHRAJ/2/98/1368
Citation No.	[2000]DLCHRAJ5892

EMILE FRANCIS

[2000]DLCHRAJ5892
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">ALBERT SOMI<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">TEMA GENERAL HOSPITAL<o:p></o:p>(RESPONDENTS)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our Ref: CHRAJ/2/98/1368&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 16/8/2000<o:p></o:p>

</div>commissioner:<o:p></o:p>EMILE FRANCIS SHORT <span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#1F1F00">THE <span style="font-size:12.0pt;line-height:115%;
font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#111100">COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>INTRODUCTION<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
.95pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">On 4th January, 1998 at about 6.30 a.m. Patience Somi, who was
pregnant, was rushed to the Tema General Hospital after she experienced severe
bleeding at her parents' home. On arrival at the Out-Patient-Department
(O.P.D.) there was no doctor to attend to her. The night Doctor, Dr. Somia,
left the hospital between 4.00 a.m. and 4.30 a.m. Dr. Asare-Amoah who was
supposed to take over from Dr. Somia at 8.00 a.m. did not show up until much
later. Several hours later when Dr. Asare-Asamoah eventually arrived, she was
rushed to the theatre for surgery but she did not survive the operation. The
baby in her womb also died.<o:p></o:p>The duty driver who was supposed to be on duty with the night
medical team to do emergency errands was also not at post.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
2.6pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">On 6th January, 1998 Albert Somi, the father of Patience Somi,
filed a complaint with the Commission claiming compensation for the death of
his daughter and her baby as a result of the negligence of the hospital.<o:p></o:p>The Hospital admitted that there was no doctor to attend to Ms. Patience
Somi when she arrived at the Hospital. It also admits that a doctor did not
arrive until between 9.30 a.m. and 10 a.m. but denies liability for the death
of Patience Somi and her baby. They contend that when Patience Somi arrived at
the hospital, the baby was already dead in the womb and that Patience Somi's
death was not caused by the failure to attend to her promptly.<o:p></o:p>Complainant's
Case<o:p></o:p>In his complaint the Complainant stated that on January 4, 1999
Patience Somi rushed to his house at about 5.00 a.m. He was alarmed upon seeing
her but soon discovered that she was in labour. She was therefore immediately
rushed to Tema General Hospital.<o:p></o:p>According to the Complainant they arrived at the hospital at about
6.30 a.m. A nurse on duty received Patience Somi and immediately set up an
intravenous fluid on her. The nurse then started calling on the phone the
doctors in their respective homes on the premises of the hospital but no doctor
was available. The nurse asked him for money to buy some more intravenous
fluid.<o:p></o:p>The Complainant said he ran out of money. He therefore left the
hospital to inform his daughter's husband about the emergency and also to get
some money from him. He left his wife and another daughter at the hospital to
monitor the situation.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
.95pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">The Complainant stated further that a doctor arrived at about
11.30 a.m. and Patience Somi was taken to the theatre and operated upon but
apparently, it was too late and neither Patience Somi nor her baby survived.
According to the Complainant the doctor attributed the death of Patience Somi
to anaemia but he strongly believes that his daughter's death was caused by the
failure of the hospital to provide prompt medical attention to her.<o:p></o:p>