IN THE HIGH COURT OF JUSTICE

(HUMAN RIGHTS DIVISION)

ACCRA – A.D. 2015
Suit No.

MRS. REBECCA KYEI ANTWI Plaintiff

House Number K12
Okpoi Gonno
Off the Spintex Road
Accra
V.

SAKUMONO COMMUNITY HOSPITAL 1st Defendant

DR ESSILFIE 2nd Defendant
DR. ROBERT ANIPA 3rd Defendant
MARIAN ANKOMAH 4th Defendant
DR. PAUL O. BOTSIO 5th Defendant
DR. GEORGE ANKOMAH 6th Defendant
PATIENCE ODEMPTEN 7th Defendant
BRAIN AGBOZO 8th Defendant

Plaintiff is a Ghanaian ordinarily resident in Ghana.

1st defendant is a health facility recognized by law.
2nd defendant is the owner of the 1st defendant and a medical doctor registered by the
Medical and Dental Council and authorized to practice as a medical doctor in Ghana.
3rd defendant was at all-time material the Medical Doctor in-charge of the 1st defendant and
a medical doctor registered by the Medical and Dental Council and authorized to practice as a
medical doctor in Ghana.

4th defendant was at all-time material the administrator of the Sakumono Community
Hospital.

5th defendant was at all-time material a medical doctor registered by the Medical and Dental
Council and authorized to practice as a medical doctor in Ghana.

6th defendant was at all-time material a medical doctor registered by the Medical and Dental
Council and authorized to practice as a medical doctor in Ghana.

7th defendant is a nurse registered by the Nurse and Midwifery Council of Ghana and
authorized to practice as a nurse in Ghana.
8th defendant was at all-time material to this suit a security man in the employment of the first
defendant.

Plaintiff’s case is that on or about 17th May, 2015 at about 3 o’clock in the afternoon she was
rushed to the Sakumono Community Hospital for treatment after she has sustained a deep cut
from a broken glass table in her living room.
Plaintiff avers that on arrival at the hospital she was examined by the 5th defendant who was
then on duty and prescribed the cut to be stitched.

Plaintiff avers further that the 7th defendant led her into an injection room where the 8th
defendant administered an injection to the plaintiff.
Plaintiff avouches that after administering the injection, the 7th defendant called the 8th
defendant to stitch and bandage plaintiff’s cut.
Plaintiff avers that at all time material during the suturing she complained of pains at the place
where the stitching took place but all the complaints were ignored by the 8th defendant.
Plaintiff avouches that the 8th defendant informed her to come for dressing of the wound in
the interval of three days.

Plaintiff avers that on the first visit for the dressing, an employee of the 1st defendant who
attended to her inquired about the person who had carried out stitching of the plaintiff’s
wound.
Plaintiff asserts that she was informed by this person aforesaid that the person who carried
out the stitching had not done it properly.

Plaintiff avers that on the third visit for dressing, it was discovered that there was a knot of
thread inside the wound so plaintiff was advised to endure the pain so the knot could be
removed which she obliged.

Plaintiff avers that when she insisted on showing the wound to a doctor she was advised to
wait till the next time when she came back for dressing.

Plaintiff further avers that the next day she went back to the hospital to see either a doctor or
the hospital administrator as she could no longer bear the pain.

Plaintiff avers that upon her arrival at the hospital, she went to speak to the matron who
inquired about the person, who had carried out the stitching when plaintiff first reported to
the 1st defendant facility on 17th May, 2015.

Plaintiff avers that after speaking to the matron about her ordeal she discovered to her utter
shock the 8th defendant who had carried out the stitching of her wound when she first visited
the hospital in a security uniform at the hospital.

Plaintiff further avers that when she informed the matron that it was the 8th defendant, a
security man at the hospital who had carried out the stitching of her wound, the matron and
other employees of the 1st defendant quickly whisked the plaintiff away to avoid any
confrontation between the plaintiff and the 9th defendant.

Plaintiff avouches that in order to prevent the plaintiff raising any alarm about the
unprofessional conduct of the hospital, the 6th defendant was called in to carry a second
stitching of the plaintiff’ wound.

Plaintiff avers that after the second stitching her husband reported the incidence to the 3rd
defendant who assured plaintiff’s husband that the 1st defendant would carry out
investigations into the issues raised by plaintiff’s husband to no avail
Plaintiff avers that when her husband inquired about the outcome of the investigation
promised him by the 3rd defendant, plaintiff’s husband was told that the immediate priority of
the 1st defendant and all the doctors was to ensure that plaintiff’s wound heals.

Plaintiff avers that she decided to go to the 37 Military Hospital when she discovered the
wound was not healing as was promised by the doctors of the 1st defendant.

Plaintiff avers that upon the diagnosis of her wound at the 37 Military Hospital she was
informed that she had a very bad infection from the mishandling of the wound by the
defendants.
Plaintiff avers that she is still undergoing treatment at the 37 Military Hospital to cure the
infection first before the doctors would decide on what to do.
Plaintiff avers that the infection and swollen of her right upper wrist were as a result of the
stitching and bandaging, which was caused by the negligence of the defendants. Plaintiff
states further and in the alternative that she will rely on the doctrine of res ipsa loquitur.

Failing to take precautions, and allowing a person who is not qualified and competent to stitch
and bandaged the plaintiff’s wound;
Failing to take reasonable steps to ensure that a competent health professional attended to
the plaintiff while she was in 1st defendant’s facility;
Failing to examine the cut before administering the second suturing of the plaintiff’s upper
wrist; and
Plaintiff says that if she had gone to the 37 Military Hospital she could lost the wrist due to the
infection.

Plaintiff states that as a result of the infection she was in excruciating pain and was unable to
lift her right hand.
Plaintiff states that she underwent cleaning of the wound at the 37 Military Hospital which
caused excruciating pain.
Plaintiff says that as a result of the defendants’ negligence, she has suffered infections, pain
and suffering.Plaintiff further states that she has intermittent pain, especially in the upper right
wrist which he did not use to have before the stitching.
Emotional and psychological trauma;
Disfigurement of the affected area
Plaintiff further says that a Medical Report issued by the 37 Military Hospital, disclosed that she
has had a very serious infection of the affected right hand wrist which is completely healed.
Plaintiff states that she has suffered damages as a result of the negligence of the defendants.
Plaintiff says that owing to the infections she has spent an amount of GHS5,000 on medical
expenses, including transport, to and from the 37 Military Hospital. Plaintiff further avers that,
she is unable to lift heavy objects as required by her work.
The Plaintiff states that she has not been able to return to work since she had the infection.

Plaintiff asserts that 1st and 2nd defendants are vicariously liable for the negligence of the 3rd,
4th, 5th, 6th, 7th and 8th defendants.
Damages of GHS100, 000.00 for pain and suffering sustained as a result of the defendants’
negligence.
Medical expenses amounting to GHS10,000.00
Costs.
Sakumono Community Hospital
(Plaintiff to direct service)
STATEMENT OF CLAIM
Particulars of negligence
Particulars of injury
Particulars of Special Damage
WHEREFORE PLAINTIFF claims against the defendants jointly and severally as follows:
DATED IN ACCRA THIS 6TH DAY OF JULY, 2015
Cardinal Law Group
Lawyers for the Plaintiff
Practising Certificate No.GAR10925/15
The Registrar
High Court
(Human Rights Division)
Accra
AND TO THE ABOVE-NAMED DEFENDANTS UPON WHOM PLAINTIFF WILL DIRECT SERVICE.