Constitutional Lawyer Explains Legal Grounds in Charles Amisah Negligence Case

Constitutional lawyer, Richard Adu Darko, has outlined the legal basis upon which individuals and institutions can be sued for negligence under Ghanaian law in relation to the ongoing discussions surrounding the Charles Amisah case.

Speaking on the matter via zoom meeting on Kessben TV’s Digest show, Lawyer Adu Darko explained that Ghana’s laws permit any person to sue an individual or organization for negligence within three years after the incident occurred.

According to him, institutions, especially healthcare facilities, owe patients what is legally termed a “duty of care,” which requires them to provide the necessary and efficient care to every person who accesses their services.

He further noted that issues of “breach of duty” arise when actions or inactions by individuals or organizations lead to harmful consequences.

“There have been several instances where institutions have been sued for negligence based on duty of care, standard of care and breach of duty,” he stated.

Touching specifically on hospital-related negligence cases, the constitutional lawyer explained that both the caregiver and the health facility could be jointly held liable for damages unless the institution is able to prove that the incident resulted solely from the failure of the individual staff member and not from the hospital’s inability to provide the required equipment or systems.

Lawyer Adu Darko also referenced the Prof. Badu Akosah Committee report, indicating that the findings reportedly implicated the caregivers involved rather than the health facility itself.

“According to the Prof. Badu Akosah committee reports, he said, it is only the caregivers that were implicated and not the facility; therefore, they can be held accountable to that effect,” he stressed.

The comments add a new legal perspective to public discussions surrounding the Charles Amisah case and the broader issue of accountability within Ghana’s healthcare system.