W. K. ANSAH AND DR. C. A. BOTCHWAY [2001]DLCHRAJ6088

Date	2001-01-31
Suit No.	Our Ref: CHRAJ/RQ137/98/536
Citation No.	[2001]DLCHRAJ6088

BENJAMIN K. OPPONG

[2001]DLCHRAJ6088
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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">W. K. ANSAH<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">DR. C. A. BOTCHWAY<o:p></o:p>(RESPONDENT)<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/RQ137/98/536&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: 31/1/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>BENJAMIN
K. OPPONG DEPUTY COMMISSIONER. (PROMOTION &amp; ANTI-CORRUPTION) FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>In April 1998 the complainant lodged a
complaint against the respondent alleging professional misconduct against him
as a Dental Surgeon. He said the respondent who had given him an appointment
failed to turn up and learnt that he was leaving for holiday's abroad. The
alleged appointment had been arranged for the respondent to pick up a referral
letter to another doctor.<o:p></o:p>The need for the referral had arisen when according
to the complainant he consulted the respondent upon advice from his Doctor to
have his sinuses managed. Finding no relief from the treatment given by the
respondent he consulted another Doctor who according to the complainant
informed him that the respondent had wrongly extracted one of his molar teeth.<o:p></o:p>The complainant stated that his protest
was against the "cavalier and off handed manner" the respondent had
handled his health and called upon the Commission for the following reliefs:<o:p></o:p><ol style="margin-top:0in" start="1" type="a">
 <li class="MsoNormal" style="text-align: justify; border: none;"><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;">Respondent to avail him with a
 referral notes indicating the treatment given him and<o:p></o:p></li>
 <li class="MsoNormal" style="margin-bottom: 5pt; text-align: justify; border: none;"><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;">That the Commission
 should sanction the respondent for his unprofessional and morally
 reprehensible behaviour.<o:p></o:p></li>
</ol>In
accordance with the Commission's procedural regulations the complaint was
transmitted to the respondent for comments. The respondent answered to say that
the complainant has been his client since April 1994 and his impression of him
was that he was a very cantankerous patient who never kept his appointment but
insisted on being given preferential attention.<o:p></o:p>The respondent denied the accusation of
the complainant. He said he did not have an appointment with the complainant on
the day of his scheduled journey abroad, which was a Tuesday. He stated that
the appointment was for the previous day; Monday and waited for the complainant
up to 9p.m. but he never showed up. He also denied that the trip was for
pleasure, he said he was to travel for medical treatment. On the issue of
having wrongly extracted a tooth he said the proper thing for the doctor to
have done was to write to him in response to his referral and that in any case
the complainant had requested the tooth to be pulled out because it was
painful. He said after the extraction the complainant had no complaint for one
year.<o:p></o:p>The Commission was of the view that the
complainant's health should be attended to promptly and so decided to call a
meeting of the parties for discussions.<o:p></o:p>The parties attended the invitation of the
Commission. The r</main>