Comparative Legal Analysis of the Medical Negligence Landscape: The Ghanaian and Commonwealth Criminal Jurisprudence

Abstract

This paper on comparative legal analysis of the medical negligence landscape: the Ghanaian and commonwealth criminal jurisprudence provides a comprehensive analysis of medical negligence and assault in various countries. The case of gross medical negligence is a serious issue that requires immediate attention. Through the analysis of various authorities it becomes evident that there are three main areas contributing to this problem: inaccurate diagnosis and delayed treatment, failure to communicate effectively with patients, and lack of proper supervision and training. The impact of gross medical negligence on patients is profound and far-reaching. It not only causes physical harm but also inflicts emotional and psychological trauma on those affected. In Ghanaian criminal jurisprudence, it is crucial to address this issue to restore public trust in the healthcare system and ensure justice for victims. By implementing stringent legal measures, including vicarious liability, we can uphold professional standards, deter future negligence, and provide recourse for those who have suffered as a result of gross medical negligence. One strength of this article is its extensive coverage of different jurisdictions. By comparing Ghana, the US, UK, Canada, and Australia, the authors provide a global perspective on the issue. This allows readers to understand how different legal systems handle cases of medical negligence and assault. Additionally, the inclusion of multiple studies conducted by different researchers adds credibility to the findings. The authors have effectively synthesized these studies to present a cohesive analysis. Overall, this article serves as a valuable resource for anyone interested in understanding how different countries approach cases of gross medical negligence and assault.

Keywords:Gross Medical Negligence, General, Medical Negligence, Double Jeopardy, Ghanaian Criminal Jurisprudence, Medical Assault, Vicarious Liability, Criminal Law, Tort, US Jurisprudence, UK Jurisprudence, Canadian Jurisprudence

DOI:10.7176/JLPG/136-03

Publication date:September 30^th 2023