ASAFO v. CATHOLIC HOSPITAL OF APAM

JUDGMENT OF EDWARD WIREDU J.

By his writ of summons issued out of this court on 17 February 1971, the plaintiff claims against the defendant as follows:

"The plaintiff's claim against the defendant is for the sum of two thousand new cedis (N¢2,000.00) being general damages as a result of the negligence of the defendants which negligence caused the loss of the plaintiff's child whilst in the care of the defendants in December 1969".

[p.284]

The brief facts of this case are that some time in December 1969 the plaintiff's six-week-old daughter fell sick and was taken to the defendant's hospital for treatment where the child was admitted as an in-patient. Because of the age of the child it became necessary for her mother, the plaintiff's first witness, to sleep at the hospital in order to breast feed her. The evidence shows that the child was on admission for about a period of five weeks. Whilst at the hospital the child was kept in the special ward whilst the plaintiff's first witness had to wait at the hospital kitchen with the mothers of the other children who had been admitted for treatment at the hospital. The evidence further shows that the plaintiff's daughter was fed three times a day between the hours of 5 a.m. and 6 p.m. and that the feeding was done by the plaintiff's first witness at the invitation of the hospital staff on duty when it was time to feed the child under the staff's instructions and supervision.

The events which seemed to have sparked off the present litigation are set out in paragraphs (4), (5) and (6) of the statement of claim filed in support of the plaintiff's writ and in paragraphs (1) to (8) of the statement of defence. Paragraphs (1) to (8) of the statement of defence are as follows:

"(1) On 16 December 1969, the plaintiff's child accompanied by the mother and grandmother was brought to the defendant's hospital.

At the date of admission the child Ekua Asafoakwaa was admitted into the special ward for babies as she was then only two weeks old.

It is not the practice of the defendants to accept babies of that age alone and in accordance with practice the mother of the child stayed with her child from the date of admission to the day when she was reported missing.

Throughout the period of the child's stay at the hospital the mother fed her from the breast at three-hour intervals in common with other inmates.

he nurse on duty, Philomena Andoh, witnessed the mother fed Ekua at midnight on the night of 13 to 14 January, 1