By: Sedinam Dumenu
Senior Associate of ECAM Law Consult, Christian Lebrecht Malm-Hesse says most patients shy away from taking action against medical errors that have caused catastrophic problems resulting in harm to them because of the cost involved.
Speaking on GTV’s Breakfast Show on November 9, 2022, Mr Christian Lebrecht Malm-Hesse said instead of taking legal action against health professionals over their negligence, patients bear the brunt of errors of health officials in silence and decide to “leave it to God”.
This he noted, prevents those in the wrong from being brought to justice.
He indicated that health professionals have a duty to ensure that their patients receive the best possible healthcare.
To achieve this, Mr Malm-Hesse said hospitals must in accordance with physician directives, have “eternal controls and informed concerns”. This implies that patients must understand their conditions, be made aware of the side effects of any decision made, be informed of any alternate solutions, the risks involved and everything that has to do with their condition.
“The law and modern medicine is about participatory medical decision” Dr Malm-Hesse added.
He said the duty of Medical Officers is not just to diagnose and prescribe medication, but also make sure that their job is effectively done.
With this, he said patients can be rest assured that they have received effective health care.
Medical Negligence
Medical negligence can be defined as acts that are considered below the standard required by a body of medical opinion.
Mr Malm-Hesse said medical negligence is not as uncommon as people perceive it to be with some repeated examples being misdiagnosis, surgical errors, delayed treatment, prescription errors, anesthetic mistakes and even follow-up treatment or the lack thereof.
According to Mr Malm-Hesse, the Ghana Health Service (GHS) in a survey concluded that about 70% of average Ghanaians in need of medical care are not aware of their own diagnosis.
This he said, is worrying.
PROCEDURE
Medical negligence is considered a civil wrong which falls under a law of tort. Civil wrongs are wrongs that are resolved, in a case where one is found guilty, by compensation.
When a medical professional is arrested for being negligent, a process is undertaken to determine whether the professional is indeed guilty of the charge.
The case is then taken up against both the doctor and the hospital that the incident occurred at. This is because the hospital and medical officer are both responsible for anything that involves a patient of the facility.
A conclusion is drawn and the case taken to court to ensure that due process is followed. There, the issue of compensation is discussed. In instances where the case is first taken up by the Medical and Dental Council, the medical officer involved may have their license either suspended or withdrawn.
This according to Mr Malm-Hesse is based on the severity of the case.
In instances where the medical officer is unable to compensate the
patient involved; the hospital must bear the cost.
The compensation is made to include all costs incurred by the victim as a result of the negligence. This ranges from medical to prescription bills and even the rate of dependency cost.
Below is the full interview;
