Doctors deny negligence during surgery on student

Accra, May 31, GNA - Three medical officers of the Korle-Bu Teaching Hospital, who were sued by a 14-year-old student for negligence in surgery that had resulted in him not being able to use his limb after a surgical operation said they gave him the best care and acted in good faith.

The Doctors - Dr Addo Kennedy, Dr Korpisah, Dr Agbeko and the Governing Board of the Hospital 96 said the student was not in any way entitled to his claims as per his writ of summons. The student had claimed that the Doctors were extremely negligent and reckless when they attended to him.

Master Frank Darko, who has just completed his Basic Education Certificate Examination, is seeking general damages of 800 million cedis for negligence and loss of use of limb.

He is further asking for special damages for cost of treatment, drugs and transportation estimated at 9.44 million cedis. The Doctors said that Mr Darko was referred to the Orthopaedic Clinic on May 13, 2005 and he was reassessed by the late Dr M.K. Larnyoh, a Senior Medical Officer in the Orthopaedic and Trauma Unit, who confirmed the diagnosis and booked the Master Darko for surgery. According to the doctors, it was only Dr Larnyoh, now deceased and Leader of the Medical Team, who took the decision to operate on the right knee adding, "apart from Dr Agbeko the rest were understudying him".

The Defendants averred that Dr Agbeko, an Anaesthetist, only administered anaesthesia to Master Darko and left the theatre before the operation commenced.

They said that while Master Darko was under anaesthesia prior to the operation on the right knee, the left "patella tendon" was observed to be lax and needed to be operated urgently.

The Doctors said; "to correct the lax left patella tendon, Dr Larnyoh performed a Z-plasty to tighten the left patella tendon". They said the Dr Larnyoh discovered that the muscle in the left knee of the plaintiff was lax and required tightening and he performed the surgery to tighten the said muscle.

"The tightening of the muscle in the left knee did not lead to a deformity of the said knee as alleged by the plaintiff but was performed to correct the lax patella tendon."

The Doctors said they were not in breach of giving professional care to the Master Darko but rather afforded him the best possible care and acted in good faith and did not even bill him for the surgery. According to them, Master Darko was negligent because he refused to report to the Hospital for his checks and reviews for them to monitor his recovery.

Meanwhile, Mr Thomas Hughes, Counsel for Master Darko, has filed a notice of application for directions at the Fast Track High Court. The application, among other things, would determine whether or not the Doctors were negligent in operating on master Darko=92s left leg. The application would be moved on June 13.

Master Darko in his writ said in May 2005, he had pains in his right knee and reported to the Hospital for treatment.

Master Darko, who said he was an aspiring footballer, explained that his aliment was duly diagnosed as "Torn Patella Ligament" by Dr Larnyoh.

He said after several drugs were administered unto him over a period of three months, Dr Larnyoh and the Defendants decided that his right knee should be operated upon.

On September 13, 2005, Dr Larnyoh and the Defendants conducted the operation.

Master Darko said instead of operating his right knee, which they (defendants) had prepared, the left knee was rather operated upon. "This has led to a deformity of the left knee and leg." The Plaintiff observed that the Defendants had been extremely negligent and reckless when they attended to him. According to Master Darko, the Defendants breached their duty of giving professional care to him.

He further stated that his father suffered from cardiac arrest and died as a result of the Defendants' negligence. He said he was also still paying for all the cost of treatment whenever he attended hospital adding that he was unable to walk properly and could not go to school without the aid of crutches. Furthermore, he said, the Defendants had treated with contempt a letter he wrote to them through his Lawyer in his bid to seek redress.