It has been determined that Achimota School was negligent in the death of a pupil approximately eight years ago.
The facts state that on November 28, 2016, 15-year-old Kervin Kofi Moses went to the student clinic complaining of feeling sick and having malaria.
He was informed that his ailment was not malaria, though, and was prescribed ibuprofen to cure it. Kevin was reported to have called his mother to let her know about his health, believing that his condition was worse than what was initially determined.
According to the evidence presented in court, the school, via the housemaster of Fraser House, where the tardy student was housed, allegedly turned down the mother’s requests to take her son to the hospital.
The mother testified that she was deeply concerned for Kervin and urgently called the house master to take him to the hospital herself, but he refused. The judge ruled that the school had a duty of care to Kervin while he was under their supervision. The school claimed Kervin was instructed to return to the clinic in two days. However, the court found that it was the house master’s responsibility to ensure Kervin attended his medical check-up, as he was responsible for the child’s health needs at that time.
More evidence
The evidence presented shows that between November 28 and December 1, the late student’s mother sent messages to the housemaster asking about her child’s health and offered to take him to the hospital. Many of these messages went unanswered, despite earlier discussions between the mother and the housemaster about money sent to the child through him.
In one message, the mother, as the first plaintiff, expressed concern: “Please I hope I’m not breaking rules, I just want to find out how my son is doing. Please, I’m begging you, pick up my call.”
The housemaster later responded on December 1, saying, “He is fine, madam.”
However, on December 2, 2016, he messaged the deceased student’s mother that his son was sick and had been taken to Achimota Hospital. Later, he was transferred to the 37 Military Hospital, where he passed away on December 4, 2016.
The judge determined that the school failed in its duty to promptly seek medical care for the student.
As a result, Achimota School, the housemaster, and the Attorney General, who were defendants in the case, have been ordered to pay GH¢ 400,000 in general damages and GH¢ 200,000 for negligently causing Kervin’s death.
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