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General News of Wednesday, 19 July 2006

Source: GNA

Patient who sued Korle-Bu denied treatment

Accra, July 19, GNA - The Korle-Bu Teaching Hospital on July 10 turned away the 14-year-old student, who has sued the Governing Board of the Hospital and three of its medical officers for negligence.

Mr Thomas Hughes, counsel for Master Frank Darko, made this known at the Accra Fast Track High Court on Wednesday when the case was called.

Mr Hughes told the Court that when his client reported for review at the Hospital, he was told that "the Hospital is no more responsible for any of your reviews".

He told the Court that he has, therefore, written to the Ghana Medical and Dental Council on the development adding that the behaviour of the Hospital amounted to further negligence.

"You have placed metal in my client's leg and you have refused to treat him. You cannot leave him midway," Mr Hughes said.

He prayed the Court to hold on with the cross-examination of Mrs Gladys Darko, mother of Master Darko, so that he could file an amendment in his statement of case.

But the Court asked that the Defence should complete the cross-examination of Mrs Darko and Mr Hughes could go ahead and file the amendments.

Mr Shadrack Arhin, who represented the Defence, expressed surprise at the new development saying Counsel should have alerted him on the developments.

Mr Arhin said the cross-examination could go on while the Defence filed the amendment.

Answering questions under cross-examination Mrs Darko said her son was a promising footballer adding that someone took his colleague outside but left her son behind because of his ailment.

She admitted that her son stayed in the house for two months after the injury before she took him to the Hospital.

Mrs Darko disagreed with Defence Counsel that when she took her son to the Hospital the Doctors told her that her son's left knee was badly deformed.

Mrs Darko admitted that the Doctors first examined the left knee although she reported to the Hospital complaining about the right knee. When asked whether any Doctor had told her that her son would not be able to walk and play football again, she replied in the negative. She admitted that the Hospital did not charge her after operating on the right knee and that she visited the Hospital's Physiotherapy Unit after the surgery.

Master Frank Darko, who has just completed his Basic Education Certificate Examination, has sued Doctors and the Governing Board of the Korle-Bu Teaching Hospital and is seeking general damages of 800 million cedis for negligence and loss of use of limb after a surgical operation. The doctors are Dr Addo Kennedy, Dr Korpisah and Dr Agbeko.

Master Darko is further asking for special damages for cost of treatment, drugs and transportation estimated at 9.44 million cedis. The Doctors denied plaintiff's statement of claims saying the Plaintiff was not in any way entitled to his claims.

The Defendants said that Master Darko was referred to the Orthopaedic Clinic on May 13, 2005 and was reassessed by the late Dr M. K. Larnyoh, a Senior Medical Officer in the Orthopaedic and Trauma Unit, who confirmed the diagnosis and booked him for surgery.

According to the Doctors, it was only Dr Larnyoh, who was leader of the medical team, who took the decision to operate on the right knee. "Apart from Dr Agbeko the rest were understudying him."

The Defendants averred that Dr Agbeko, an anaesthetist, only administered anaesthesia to the plaintiff and left the theatre before the operation commenced.

They aver that while Master Darko was under anaesthesia prior to the operation on the right knee, the left "patella tendon" was observed to be lax and needed to be operated urgently. 19 July 06