Family of man who died at 37 Military Hospital returns to court after 6 years

Six years after the death of 48-year-old Solomon Asare-Kumah, his family is heading back to court on October 24, 2025, still seeking justice over what they describe as medical negligence at the 37 Military Hospital in Accra.

Mr Asare-Kumah died on October 21, 2019, while under the care of Colonel Dr G. A. O. Appiah, a senior military doctor who has since been promoted to Deputy Director General of the Medical Corps of the Ghana Armed Forces. His brother, Emmanuel Asare-Kumah, has led a years-long fight for accountability, describing the process as painful and exhausting.

“My brother died of medical negligence six years ago today. The Ghana Military promoted Col Appiah even after finding him guilty in an internal investigation,” Emmanuel wrote in a post on Tuesday marking the anniversary of his brother’s death. “After a court order, the military still refuses to release the Board of Enquiry report to the family.”

The case stems from a 2019 incident in which Solomon reportedly suffered complications after a breathing tube was wrongly inserted under his skin, cutting off oxygen for several minutes. His family says this caused fatal damage to his heart and other organs.

They later discovered that the doctor in charge had allegedly demanded GH¢36,200 from them for
surgical supplies, a payment the Medical and Dental Council (MDC) later described as extortion.
The Council, however, declined to pursue the negligence aspect of the case after four years of
proceedings, a decision the family called disappointing.

In 2023, the High Court in Accra, presided over by Justice Charles Ekow Baiden, ordered the Chief of Defence Staff (CDS) and the 37 Military Hospital to release the full report of the Board of Enquiry that investigated Solomon’s death. The court ruled that withholding the report violated principles of fairness and accountability under the Constitution, giving the military ten days to comply.

The ruling stated that “the report or record of proceedings of the Board of Inquiry relating to the admission, treatment and death of the deceased shall be furnished to the Plaintiff within ten days.” But more than a year later, the report has still not been handed over.

The Ghana Armed Forces has maintained that the report is “for internal use only” and cannot be disclosed even in legal proceedings. This stance has left the family frustrated and determined to keep pressing for transparency.

The family’s suit, which seeks GH¢2 million in damages for negligence, lists the 37 Military Hospital, Col Appiah, the CDS, and the Attorney General as defendants. Their lawyer has argued that the defendants must be held to the same standards of duty of care and accountability that govern civilian institutions.

As the case returns to court this month, Emmanuel Asare-Kumah says his family’s fight is not just
about money but about truth and justice. “We just want closure,” he said. “No family should have
to go through this again.”