Achimota Secondary School (Achimota Schoo) has been held accountable for the death of Kervin Kofi Moses, a student who passed away on December 4, 2016, from cerebral malaria.
A press release issued by Child Rights International and signed by Bright Appiah, Executive Directed indicated that, Kervin, aged 15, enrolled in October 2016, initially complained of malaria symptoms on November 28, 2016.
Despite these symptoms, the school clinic administered ibuprofen instead of providing prompt medical care.
“The situation escalated when Kervin’s mother sought to have him hospitalized, only to face resistance from the House Master of Fraser House, who initially claimed the child was in good health. It was not until December 2, 2016, that the House Master informed her of Kervin’s transfer to Achimota Government Hospital.
Tragically, Kervin was transferred to 37 Military Hospital on December 3, 2016, where he succumbed to cerebral malaria the following day,” the press release further indicated.
It said, “the High Court of Justice (Criminal Court 4) presided over by Her Ladyship Justice Comfort Kwasiwor Tasiame, in her judgement dated May 28, 2024, determined that the school had breached its duty of care owed to Kervin, highlighting the school’s responsibility for ensuring the health and safety of its students and by extension other schools.
The judge in her ruling said, “The deceased was a 15-year-old child admitted to the school barely three months when the incident occurred. The child was put in the care of the school and their authority. The school has the duty of care to the child. It is not the parents who must make sure that the child gets the appropriate medical care in school.
It is the duty of the school to provide the child with the right medical care, relying on the case of POOK V. ROSSALL SCHOOL.(2018) EWHC 522 (QB) WHERE Spencer J held that, institutions such as schools and hospitals owe an enhanced duty to those in their care.”
The court awarded the plaintiffs special damages of GHC14,650.00 and general damages amounting to GHC600,000.00, recognizing the emotional, psychological, and financial impact of Kervin’s untimely death on his family. Additional damages were granted for the loss of Kervin’s future prospects, reflecting his academic potential and career aspirations.
