Ratio DecidendiRatio Decidendi



DR. E.L.A. CHINBUAH & CAPTAIN J.K. NYAMEKYE
V.
THE ATTORNEY GENERAL

(2021) JELR 109048 (HC)    
High Court  ·  GJ/378/2016 ·  21 Jul 2021 ·  Ghana
CORAM
JUSTICE KWEKU T. ACKAAH-BOAFO

Ratio Decidendi

Core Terms Beta
2nd plaintiff
plaintiffs
dr. barnor
captain nyamekye
dr. agyare-gyane
caesarean section
military hospital
blood pressure
yebuah ward
1st plaintiff
medical team
neonatal intensive care unit
case of the plaintiffs
dr. richard kojo amofa
yaw nyamekye
dr. agyare
father of the deceased
18th day of march
2nd plaintiff’s call
attending doctor
captain nyamekye’s further evidence
death of mrs. helena abrema nyamekye
dr. ahmed
dr. ahmed ben-yunsah
dr. r. barnor’s team
dr. roddy banor’s team
following witnesses
further testimony of captain nyamekye
health care professionals
high blood pressure
husband of the deceased
loss of the life of mrs. nyamekye
major frederick kwabena agyare-gyane
major health care facility
maternal death
medical care
medical doctors
plaintiffs’ claim
said delivery
substance of his evidence
telephone call
updated report

JUDGMENT 


KWEKU T. ACKAAH-BOAFO, J 

i. Introduction: 

[1] In an article published in the African Journal of Reproductive Health this year, the  authors note that: “Maternal death is one of the most painful, unforgettable tragedies that  can befall a family or community anywhere… Most of these deaths are preventable, yet  this tragedy remains so common in low and middle income countries.”1 How do loved  ones and health care professionals account for what might have been a preventable death 

during childbirth at a major health care facility? Anecdotal evidence of such preventable  deaths abound but it is not often that laypersons and stakeholders obtain insight into  such tragedies as in this case where the doctors who treated the deceased admit that her  death was preventable. This is the factual dynamic around which this case revolves. 

[2] The work of the physicians and in particular those who treated the deceased, Mrs.  Helena  

Abrema Nyamekye and/or attended to her at the 37 Militar…

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