Former Ghana Medical Association General Secretary, Dr. Justice Yankson, has criticised parts of Prof. Agyemang Badu Akosa’s Committee report on Charles Amissah’s death, arguing the panel exceeded its mandate by declaring medical negligence.
The committee linked Amissah’s death to medical negligence after he was allegedly turned away from multiple health facilities, including the Police Hospital, Greater Accra Regional Hospital and Korle Bu Teaching Hospital, due to a lack of beds.
It later identified seven health professionals and referred them to their regulatory bodies for action.
Speaking on Channel One TV’s The Big Issue, Dr. Yankson said the committee, as a fact-finding body, lacked the legal authority to make that determination. He noted that at this stage, none of the professionals could be considered guilty, pointing to the constitutional principle of presumed innocence.
“We need to distinguish where we are now from potentially what is to come. At this point, none of these seven professionals is guilty. Our constitution says you are presumed innocent until you are proven guilty,” he said.
Dr. Yankson also argued that conclusions on medical negligence belong to legal and quasi-judicial bodies, not investigative committees.
“If you look at the concept of medical negligence, it falls under the law of tort. The committee had no moral as well as legal status to talk about medical negligence,” he stated.
He explained that while the committee’s findings could guide further proceedings, its ruling risked confusing fact-finding with adjudication.“The judicial exercise proper is now going to start from the quasi-judicial processes at the Medical and Dental Council,” he added, calling the negligence conclusion “problematic.”
