GYAN v. ASHANTI GOLDFIELDS CORPORATION
1990
COURT OF APPEAL
GHANA
CORAM
- ESSIEM
- OFORI-BOATENG JJ.A.
- AMPIAH
Areas of Law
- Tort Law
- Civil Procedure
AI Generated Summary
The Court of Appeal addressed an infant’s medical negligence suit against Ashanti Goldfields Hospital in Obuasi, operated by Ashanti Goldfields Corporation. Eric Gyan, the son of employee Robert Dechie, was treated on 11 May 1976 for suspected malaria by senior nurse Agyemang, who administered an intramuscular injection. Within weeks, the child showed signs of poliomyelitis and paralysis, and later underwent surgery for tendon issues, which the plaintiff alleged was negligently performed contrary to the Orthopaedic Training Centre’s specifications. The High Court had dismissed the claim, and on appeal Essiem J.A. affirmed, holding the plaintiff failed to prove negligence, applying Bolam and relying on expert testimony that treating febrile children for suspected malaria by injection was consistent with accepted practice and polio testing was unavailable. Ampiah J.A. concurred. Ofori‑Boateng J.A. dissented, invoking res ipsa loquitur and finding negligence in allowing an inexperienced nurse to inject without diagnosis or supervision; he would have awarded ¢94,000.