The Council indicated that thought it had officially heard from the complainant, it was unable to investigate the issue which is presently before a court of competent jurisdiction.
“Once the case is before court, it incapacitates us as a regulatory body, for which reason we can only act after the court’s decision is out”, the Council indicated in its official response.
The Council said this after meeting the widower at the Council’s premises on Wednesday.
Mr. Otu who also confirmed meeting the Council said he was happy the Council had given him audience in response to his petition. “I feel a bit consoled by their embrace and response. We await the outcome of the court case”, he added.
Cynthia Nuworsu, a trader and a mother of four died together with her unborn baby on January 18, 2015 at the Madina Kekle Polyclinic where she had reported the day before to deliver her fifth child.
According to an autopsy report from the Police hospital, she died of “raptured uterus” (a tear of the uterus) and “breech presentation”, explained as childbirth in which the baby exits the pelvis with the buttocks, feet or any other part of the body as opposed to the normal head-first presentation.
The husband who is presently in a legal tussle with the medical facility described the circumstance surrounding Cynthia’s demise as “medical malpractice” and a “preventable death” which breached the duty of care between the facility and the deceased. He has since file a law suit against the facility and three others.
5 million suit
In what promises to be a landmark legal battle, sure to leave a precedent irrespective of the outcome, lawyer for the widower, Francis Xavier Sosu Esq. last week filed a GHC 5 million suit at the Human Rights Division of the High Court against the Madina Polyclinic.
Joined to the suit are the Minister of Health, Attorney General and the Director General of the Ghana Health Service.
Among others, Council for the plaintiff is praying the court to declare that the duty of care owed the deceased was breached, leading to the painful death of mother and child.
Additionally, he is praying the court to order a compensation to the widower to the tune of GHC 5 million.
Though counsel for the plaintiff confirmed service of the writ on the defendants, it was unclear if the latter had filed their response, at the time of going to press.
Source: Henking A. Adjase-Kodjo & Seth J. Bokpe
Email: [email protected]
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