A lawyer and member of the National Democratic Congress (NDC) communications team, Hamza Sayibu Suhuyini, has called for the establishment of specialised courts to handle medical negligence cases in Ghana.
Speaking on JoyNews’ AM Show on Thursday, April 30, Mr Suhuyini made the remarks in the wake of reports that a woman died after allegedly being denied a caesarean section due to the unavailability of a recovery bed.
He contended that while public outrage often leads to calls for sanctions within the health sector, the country’s approach to addressing such incidents remains fundamentally flawed.
“The problem with this country is that even in our search for solutions, we look in the wrong places,” he said, adding that healthcare professionals are already operating within significant constraints and cannot be expected to resolve systemic failures alone.
According to him, internal disciplinary measures such as the setting up of committees to investigate incidents and sanction personnel where necessary represent the limit of what the health sector can achieve independently. However, he stressed that tackling medical negligence requires a more integrated institutional approach.
Mr Suhuyini argued that Ghana’s inability to effectively link its healthcare system with the judicial framework has contributed to a lack of accountability in cases of alleged negligence.
He noted that in many advanced jurisdictions, particularly in the Western world, the efficiency of healthcare delivery is reinforced by a robust and responsive legal system. This, he explained, ensures that patients who suffer negligence can seek redress through the courts, thereby compelling medical practitioners and institutions to uphold high standards.
In contrast, he observed that many cases of alleged negligence in Ghana are often “swept under the carpet,” partly due to the difficulties victims face in navigating the legal system.
He highlighted several barriers, including limited public knowledge of legal processes, the high cost of litigation, and delays within the court system. He also pointed to challenges within the legal aid framework, noting that even accessing timely court dates can be problematic.
“Even if you go to legal aid today, it’s not that they are not doing anything. They themselves will tell you that securing a court date is a challenge,” he said.
To address these challenges, Mr Suhuyini proposed the creation of specialised courts dedicated to medical negligence cases. He suggested that the government, in collaboration with the judiciary and the office of the chief justice, should establish a number of such courts to expedite the handling of these matters.
He further recommended the introduction of a state-backed funding mechanism to support victims seeking legal redress. Under this proposal, private law firms would be engaged and funded through a dedicated scheme potentially linked to the National Health Insurance Scheme to represent victims at no upfront cost.
Such an arrangement, he explained, would enable lawyers to take on cases without requiring payment from clients who may lack the financial means, with legal fees instead covered through the designated public fund.
“In that system, all a lawyer would need are the client’s details to initiate proceedings, and the scheme would cater for the legal services provided,” he said.
Mr Suhuyini maintained that these measures, if implemented, would strengthen accountability, improve patient confidence in the healthcare system, and ensure that victims of medical negligence are able to access justice more effectively.
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