Ghana’s Patient Charter is legally enforceable – Justice Sir Dennis Dominic Adjei

Patient Rights Watch Ghana, an advocacy group, has made significant strides in safeguarding and promoting the constitutional and statutory rights of patients in Ghana under its three main pillars, namely Education, Victim Support, and Policy Advocacy.

A medico-legal symposium organised by the NGO on Thursday, May 23, in Kumasi brought together legal experts and healthcare professionals to collaborate on ensuring that the Patients Charter is fully integrated into healthcare services in Ghana.

The symposium, held under the theme “Ghana’s Patients Charter: 12 Years on,” was graced by the presence of distinguished individuals such as Justice Sir Dennis Dominic Adjei, a Justice of the African Court on Human and People’s Rights and the Court of Appeal in Ghana; Dr. Divine Banyubala, Esq., the Registrar of the Medical and Dental Council in Ghana; Dr. Emmanuel Tinkorang, Ashanti Regional Director of Health; and Prof. Dr. Otchere Addai-Mensah, the Chief Executive Officer (CEO) of Komfo Anokye Teaching Hospital in Kumasi.

The event was hosted by Lawyer Isaac Ofori Gyeabour, the Founder and President of Patient Rights Watch Ghana.

During his speech, Lawyer Gyeabour noted that the Patients Charter has been shrouded in obscurity since its elevation into law twelve years ago. He emphasised the need for more organisations to join Patient Rights Watch Ghana to campaign for the rights of patients.

Lawyer Gyeabour declared that Patient Rights Watch is dedicated to disseminating knowledge about the Patient Charter and other medico-legal issues through initiatives and gatherings such as this one. He expressed that the organisation intends to extend these initiatives to healthcare training institutions to ensure that future healthcare professionals are well-informed about the legal aspects of their profession.

Lawyer Gyeabour described the scale of harm caused to patients at the point of care as alarming. He cited a report by the World Health Organisation (WHO), which projects that one out of ten patients suffers one form of abuse or another at the point of care and that 50% of the harm is avoidable. With the right education on the Patient Charter, he believes this can be addressed in Ghana.

Sir Dennis Dominic Adjei, delivering the keynote address, explained the importance of the Patients Charter in Ghana, recounting the events that led to its promulgation in 2002. He said the law will safeguard the rights of the patient as well as the caregivers.

Also, the Justice of the African Court on Human and People’s Rights, Sir Dennis, advised health workers not to hesitate in offering an alternative medical service or facility to the patient when the situation at hand is beyond their capabilities. He said this action is a fulfilment of the right of the patient to receive quality healthcare as enshrined in the Charter.

In addition, he charged health workers to make the privacy of the patient paramount in the healthcare delivery process. He explained that it is a right protected by the Patient Charter and should not be violated under any circumstances. He advised patients to take the necessary legal action against health professionals and facilities that violate their rights in an attempt to seek healthcare. He said taking legal action should not have any negative ramifications for the patient.

Dr. Divine Banyubala, Esq., the Registrar of the Ghana Medical and Dental Council, who addressed the participants via Zoom from his base in Australia, added that patients should be circumspect of their responsibilities in the healthcare delivery process. He said the rights of the patients are not separable from their responsibilities.

Dr. Banyubala urged patients to provide accurate medical information and history to the caregiver when seeking healthcare, follow prescriptions, and visit health facilities earlier. He called on authorities to set up an ethics review committee in all public health institutions to foster confidence and collaboration between healthcare officers and the general public.

Again, he proposed that there should be a separate fund for victims of medical errors or accidents. According to him, money should be set aside from the annual budget to compensate patients who suffer from the errors of the caregivers.

The chairman for the occasion, Prof. Dr. Otchere Addai-Mensah, stated that a lack of infrastructure and structures at the facilities hinders the smooth application of the laws. He said health facilities in the country have not seen the corresponding expansions to meet the growing population, and as a result, privacy and other rights of the patients are not absolutely ensured in the process.

Dr. Emmanuel Tinkorang, the Ashanti Regional Director of Health, proposed a national dialogue to tackle the issue of health. He said health issues affect everybody, and as such, all hands should be on deck to imbibe the spirit of humility in health professionals in Ghana. He said healthcare faces many challenges and that having an NGO do health advocacy, as being done by Patient Rights Watch Ghana, is vital.

Speaking about nurse-patient conflicts, the principal nurse at the South Suntreso Government Hospital in Kumasi, Mrs. Abigail Miezah, said conflicts are not always bad but sometimes necessary to put both parties in check. She, however, advised patients to be mindful of the nurses’ conditions as well. As humans, nurses have their own challenges that sometimes influence their work.

Secretary for the Ghana Federation of Traditional Medical Practitioners Associations (GHAFTRAM), Nana Kwadwo Obiri, noted that it is an infringement on the rights of the patient to deny him or her traditional or alternative medicine when orthodox medicines are not able to cure a particular ailment. He said the National Health Insurance Scheme should be expanded to include traditional and alternative medical care.