Results for "Medical Negligence"
39 results.
Opinion
Towards Rising Medical Tourism in West Africa: A Review of Ghana’s Readiness to Become a Hub
Silas Udia Osabutey
Opinion
Assessing The “MahamaCare” Policy: A Mirage or a Reality Towards Achieving a Universal Access to Healthcare in Ghana
The article critically evaluates Ghana’s new “MahamaCares” health policy, exploring its potential to address chronic non-communicable diseases and achieve universal healthcare access. While well-intentioned, the policy's operational gaps, d...
Silas Udia Osabutey
Opinion
The Bolam Test: An unfair decision in the torts of professional negligence
The author argues in this article that the Bolam test should be sparingly applied especially in situations where it will lead to injustice under the guise of judicial precedent
Derick Adu-Gyamfi
Opinion
Wombs for Rent: The Ethics of Commercial Surrogacy
This article explores the ethical, legal, and cultural tensions surrounding commercial surrogacy in Ghana, emphasizing the need for comprehensive legislation. It compares international regulatory models and debates the merits and risks of c...
Joyann Obeng and Lais Pinheiro
Opinion
Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana
This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual...
Sedinam Awo Kwadam
Opinion
GTEC's Authority to Regulate Academic Titles: A Legal Necessity, Not an Overreach
GTEC’s enforcement of regulations on academic titles is a legally sanctioned effort to uphold academic integrity and protect public trust, not a political overreach. The directive aligns with national laws and mirrors practices in other reg...
Dennislaw
Opinion
Therapeutic Exception: The Doctor’s Veto in a Legal Dilemma
This article explores the concept of therapeutic exception, examining whether a surgeon is liable for not disclosing a 1% risk of partial paralysis to a patient who later experienced this outcome post-surgery. It contrasts the legal perspec...
Isaac Ofori Gyeabour, Esq
Opinion
“Agent For Plaintiff”: A Fatal Misnomer; Why Ghanaian Lawyers Are Unwittingly Forfeiting Their Protections Through the Misdescription of Counsel in Ghanaian Civil Procedure: An Analysis of the Doctrine of Solicitor-Solicitor Agency vs. Lawyer-Client Reality
The article argues that endorsing a writ with “Agent for Plaintiff” wrongly treats the lawyer-client relationship as an agency relationship, whereas Order 2 rule 5(1)(b) of C.I. 47 concerns one lawyer acting as agent for another lawyer. It...
Sedinam Awo Kwadam and Kwadwo Owusu-Ansah
Opinion
Raising Legal Objections and the Role of the Judge
The author, a Circuit Court Judge, Ofaakor expertly discusses the matter of Objections raised in courts and offers practical insights for Judges to observe
H.H Malcolm, Ewoenam Bedzrah Esq.
Opinion
Default Judgment and the Doctrine of Estoppel Per Rem Judicata; A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Default judgement is an interlocutory application. It is not a final judgement in its strict sense. Any anything default is not final in a legal sense. Res judicata on the other hand is mostly applied when decisions of the courts are final....
Derick Adu-Gyamfi
Opinion
The Intricacies of Hearsay Evidence: A Legal Conundrum
The article critiques the complex application of the hearsay rule in Ghanaian law despite statutory reforms under the Evidence Act, 1975 (NRCD 323). It argues that the trial judge in the Opuni case misapplied the law by relying on an inappl...
Derick Adu-Gyamfi
Opinion
Ghana’s Legal Profession Is Entering the AI Era Without a Regulatory Framework
The article argues that Ghana’s legal ethics rules still provide a strong foundation, but they do not directly address the realities of AI-assisted legal practice. It concludes that the General Legal Council should clarify how existing duti...
Michel A. Nkansah
Opinion
‘Robo-Justice’: A Critical Examination of Artificial Intelligence (AI) Adoption in Ghana’s Legal System
The article explores how AI is reshaping Ghana's legal system, emphasizing both its efficiency benefits and the ethical and procedural risks it poses. It concludes that while AI can aid legal processes, it cannot replace human judgment, and...
Elizabeth Asantewaa Ofori and Goodnuff Appiah Larbi
Opinion
From Courtrooms to Conscience: Reflecting on Saint Alphonsus Liguori as Ghanaian Lawyers Pause (Legal Vacation)
This reflective piece explores the profound alignment between Ghana’s legal vacation and the Memorial of Saint Alphonsus Liguori, the lawyer-turned-saint whose journey from courtrooms to priesthood offers timeless lessons in humility, justi...
Kofi Annan
Opinion
Scanning of Law Firm Documents- A simple habit for greater efficiency
The article discusses the risks of relying on manual filing systems in law firms and advocates for implementing a scanning policy. It highlights benefits like improved efficiency, enhanced security, reduced legal risks, and progress toward...
Dennis Adjei Dwomoh, Esq.
Opinion
The Legal Effect of ‘Solicitor’s Representative' signing Writ of Summons to commence an action under the District Court Rules
The Author examines the legal effect of Order 2 rule (3)(2)(a) & (b) of the District Court Rules to the extent that it permits a Solicitor’s representative to sign a writ of summons to commence an action at the District Court.
John Kwesi Hagan Jnr. Esq
Opinion
Stay of Proceedings of A Case: A Legal Gymnastics Tool to Delay Proceedings Before a Trial Court?
The article explains that merely filing a repeat application for stay of proceedings, or an application for certiorari or prohibition, does not automatically halt proceedings before a trial court. A stay only arises where the trial or appel...
Francis Obiri