Achimota Secondary School (Achimota School) has been held responsible in the unfortunate demise of Kervin Kofi Moses, a student who succumbed to cerebral malaria on December 4, 2016.In a statement released by Child Rights International and endorsed by Bright Appiah, Executive Director, it was revealed that Kervin, a 15-year-old student who commenced studies in October 2016, first reported symptoms of malaria on November 28, 2016.
Nevertheless, despite exhibiting these symptoms, the school infirmary opted to administer ibuprofen instead of promptly seeking proper medical attention.
“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 granted the plaintiffs special damages totaling GHC14,650.00 and general damages of GHC600,000.00, acknowledging the emotional, psychological, and financial repercussions of Kervin’s premature passing on his family. Further compensation was provided for the deprivation of Kervin’s future opportunities, signifying his academic promise and professional ambitions.
