Medical Negligence; the Case of the Gambia and Ghana: A Legal Commentary
Published: 2023-07-07
Page: 267-277
Issue: 2023 - Volume 6 [Issue 1]
Raphael Nyarkotey Obu *
The Gambia Law School, Banjul, The Gambia.
Daniel Sackey
Ghana School of Law, Accra, Ghana.
Lawrencia Aggrey-Bluwey
Department of Health Administration and Education, University of Education, Winneba, Ghana.
*Author to whom correspondence should be addressed.
Abstract
Aim: This legal opinion aims to examine the prevalence and evaluate medical negligence cases in the Gambia and Ghana.
Methods: This is done using a non-systematic approach in conducting literature searches on media reports on alleged medical negligence, decided cases in Ghana and the Gambia, common law perspectives, and statutory provisions for the award of damages in both countries using search engines.
Results: We found that medical negligence is on the rise in both countries. In the case of Ghana, patients are suing medical facilities daily unlike in the Gambia. Recently, the rapid rising in suits against medical facilities has become a subject of comment by the health minister of Ghana. Also, measures are being put in place in Ghana to address the rising cases of medical negligence. In the Gambia, no measures are being put in place to address the rising cases of medical negligence.
Conclusion: The rising cases of medical negligence in the Gambia and Ghana have become a public health threat and policymakers need to take measures to address this to improve the healthcare sector.
Keywords: Medical negligence, Ghana, The Gambia, common law, cases