WILLIAM ASAFO AND 37 MILITARY HOSPITAL [2012]DLCHRAJ6020

Date	2012-09-14
Suit No.	CHRAJ/2010/HQ/02352/1661
Citation No.	[2012]DLCHRAJ6020

JOSEPH WHITTAL

[2012]DLCHRAJ6020
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">WILLIAM ASAFO<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">37 MILITARY HOSPITAL<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">CHRAJ/2010/HQ/02352/1661&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 14-9-2012<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>SUMMARY OF COMPLAINT <o:p></o:p>The Complainant was admitted
at the Respondent hospital to undergo surgery; however the Complainant opted
for herbal treatment. The Complainant then requested for a medical report from
the Respondents, who refused to issue the Complainant with the medical Report.
The Complainant then submitted a Complaint to the Commission.<o:p></o:p>COMPLAINANT'S CASE <o:p></o:p>The Petitioner is a 46-year
old man who was knocked down by a car on his way to work. Subsequently he was
admitted by the Respondent as a result of a fracture on his left knee. The
Petitioner remained in hospital from 20th April 2009 – 18th
June 2009 awaiting surgery. The Petitioner whilst on the waiting list for
surgery opted to seek for herbal treatment. This was granted by the Respondent.<o:p></o:p>After seeking alternative treatment, the Petitioner went to the
Respondent requesting for a medical report to enable him claim insurance from
his insurers. The Petitioner alleged that the Respondent refused to give him
the medical report to enable him claim his insurance.<o:p></o:p>The Petitioner prayed, the Commission to compel the Respondent to
give him a medical report to enable him claim his insurance.<o:p></o:p>RESPONDENT'S
CASE <o:p></o:p>The Respondent confirmed that the Petitioner was knocked down by a
car and admitted by the Respondent at the 37 Military Hospital. According to
the Police report, the Petitioner sustained a comminuted fracture of the left
tibia/fibula in addition to generalized body aches. The Respondents further
stated, that whilst on admission, the Petitioner requested to be discharged
against the Respondent's medical advice to enable him seek alternative therapy.
The Petitioner's request was written on his behalf by one Emmanuel Ahadzie on
6th May 2009. In the said letter, the Complainant claimed he was no longer
suffering pain and preferred to seek treatment from his father who was a
herbalist. The Petitioner was subsequently discharged. Thus the Petitioner did
not undergo any surgery at the 37 Military Hospital. The Respondent concluded
that it is not in a position to comment on his medical condition since he
actually discharged himself against medical advice.<o:p></o:p>From the facts stated above, the administrative justice mandate
under Article 208(b) of the 1992 Constitution and Section 7(1) of the
Commission on Human Rights and Administrative Justice 1993, Act 456 5 is
triggered. The provisions require that the Commission investigate complaints
concerning the functioning of the Public Services Commission, the
administrative organs of the state, the Armed Forces, the Police service and
the Prisons Services in so far as complaints relate to failure to achieve a
balanced structuring of those services or equal access by all to the
recruitment of those services or fair administration in relation to those
services. The 37 Military Hospital is a hospital administered by the Armed
Forces and therefore come under the mandate of the Commission.<o:p></o:p>ISSUES <o:p></o:p>Whether or not
the Petitioner's choice to seek herbal treatment estops the Petitioner from
receiving any medical report from the Hospital Authorities?<o:p></o:p>A careful study of the
correspondence showed that the Complainant had been admitted at the 37 Military
Hospital on 20th April 2009 after sustaining a fracture of the left leg and
laceration over the right eye. The Defendant then submitted a medical report
confirming that the Complainant was admitted at the defendant's hospital to
undergo surgery. The defendants in their report dated 18th June 2012 also
confirmed that on 6th May 2009 whilst awaiting surgery, the Complainant
requested to be discharged to enable him undergo herbal treatment. After over a
year, the Complainant returned to the Resp</main>