The brother of a man whose demise last year at the 37 Military Hospital grabbed headlines has sued the hospital for negligence and breach of contract.
Joined to the suit filed at an Accra High Court on July 1, 2021, are the Attorney-General, a doctor, one Colonel G A O Appiah, and the Chief of Defence Staff of the Ghana Armed Forces.
The alleged bizarre circumstances surrounding the death of Solomon Asare Kumah at the 37 Military Hospital stirred public emotions last year after his brother, Emmanuel Asare Kumah, granted a series of interviews in a campaign to seek justice.
Emmanuel in an interview last year said that his brother, Solomon, came to Ghana in 2019 to visit their ill father who had been on admission at the Korle Bu Teach Hospital for two months.
While he was in Ghana, Solomon took ill and was sent to a hospital at Sakumono, a suburb of Tema, where doctors found that he had a brain tumour. Although it was declared benign, it was still considered an emergency, so the hospital referred him to 37 Military Hospital.
According to Emmanuel, after numerous postponements of scheduled surgery to remove the tumour at 37 Military Hospital and other complications he was referred to the Korle Bu Teaching Hospital for a medical procedure.
He said Solomon was returned to 37 Military Hospital for the surgery but died 24-hours later allegedly of cardiac arrest.
In his suit, Emmanuel Asare Kumah said the death of his brother at the 37 Military Hospital on October 21, 2019, was due to breach of contract and negligence by the hospital and the doctor assigned to his brother’s care.
“The 3rd defendant [the hospital] and its employees responsible for Solomon’s care, particularly the 4th defendant [Dr Col GAO Appiah], failed to exercise due care when they wrongly inserted Solomon’s breathing tube under his skin thereby denying him oxygen for a considerable amount of time and as such causing a strain on his heart and other organs and causing his death,” stated in the suit.
Led by his lawyer, the renowned Martin Kpebu, Emmanuel is demanding damages of GH¢2,008,259.57, for negligently causing the death of Solomon Asare Kumah.
Emmanuel is also seeking compensation for the widow and family members for “mental distress, which eventually led to the death of Solomon’s father.”
He is also demanding special damages for breach of contract between Solomon and the 37 Military Hospital.
He is also praying the court to grant an order for the recovery of special damages for breach of contract and for negligence that resulted in a host of other losses.