A pioneer legal scholar of naturopathic medical law in Africa. –

”. The questions that should be shaped and shaped to meet today’s needs and opinions are:

1) What are the circumstances of negligence in the natural medicine profession? and

2) And are courts biased against practitioners in the drugless industry?

To answer the above questions on the subject of negligence, courts have not established a separate test, but hold all doctors in any field to the same standards as medical professionals, and in some cases to the same standards as colleagues in the same industry. is imposed.

It may be rightly said that despite the difficulties and stressful circumstances, he has largely succeeded in shaping considerable areas of law to suit the legal, medical, social and economic needs of Ghana in this century. do not have.

The book consists of five chapters and focuses on medical negligence in the medical field and natural medicine transactions. You will also understand the tenets of the Bolam Principle, commonly known as the Bolam Test. “A physician is not guilty of negligence if he acts in accordance with practice recognized as proper by a responsible body of medical professionals skilled in his particular skill.” And this, the author calls the old mantra test I expressed it.

Key passages from Montgomery v Lanarkshire Health Board [2015] The judgment in UKSC 11 (11 March 2015) also includes what patients consider to be a significant risk. “Physicians therefore have a duty to take reasonable care to ensure that patients are aware of all significant risks associated with the recommended treatment and of any risks.” Reasonable alternative or transformative treatments.This is what the author treats as a new mantra test

In addition to these basic cases, which lawyers describe as classic cases, the author’s work would be incomplete without mention of the following cases in this book: Candler v. Crane・Christmas & Company. [1951] 1 All about negligent statements ER 426, CA.Bonsall v. Musicians Union [1954] 1 California ER 822 for all union disputes.Conway vs Rimmer [1967] 2 All Crown Privileges ER 1260, CA.Padfield v. Minister of Agriculture, Fisheries and Food [1968] AC 997, regarding the discretionary power of the California Secretary of State.and Schorsch Meyer GmbH v. Henin. [1975] 1 All ER 152, CA regarding judgments in foreign currency.

Regarding general negligence law, which is discussed in Chapter 1 of this book, the learned author traces its history and comments that this is the area of ​​law most developed by judges of the 20th and 21st centuries. Apart from Donoghue v. Stevenson, Professor Nyarkotei also well discusses the doctrine of negligent statements in the famous Candler decision approved by the House of Lords in Hedley Byrne Ltd. v. Heller & Partners Ltd.[1964] AC465.

In Complementary and Alternative Medicine for the Tort of Negligence (Chapter 2), expressing the same elements, the author provides the reader with a precise understanding and legal definition of traditional and alternative treatments. Burden of proof in non-drug treatment. Regarding the issue of Healing School Examinations and the resulting discrimination against traditional healers, the author goes on to suggest Healing School Examinations in a court ruling, again stating that “Healing School Rules are not sacrosanct.” said. The question posted here by the author is “Should courts waive the Healing School exam?”

The authors of this chapter also discuss the non-drug therapist’s obligations to advise patients, the non-drug therapist’s responsibilities when expert witnesses disagree, and finally, physicians who practice alternative medicine. It is written concisely. Established principles of practice for the guidance of members as to method, diagnosis, and remedies that each member must adhere to were determined by the court in Nelson v. Harrington (1888), and the author describes this in his book. I emphasized it inside. Main story 137 pages. Although the author highlighted many other cases in McPeak v. Vanderbilt University Hospital, this court case suggests a wide range of treatment alternatives. Therefore, our jurisdictions, such as “Ghana and Gambia”, which are the focus of this book’s title, require traditional medicine treatments that should be relied upon by physicians in substantial medical centers. It is very clear that this book emphasizes medical negligence and includes liability for traditional physicians who owe the standard of care under their practice.

Chiropractors and negligence are the main topics of Chapter 3. According to Prof. Nyarkotei, the main consideration is that apart from the standard medical system, traditional and alternative medical systems that provide a variety of medical services with his one goal of recovery of the ‘patient’. profit.” The authors point out that medical negligence and malpractice are on the rise in all healthcare systems based on duty of care and causation. Apart from that, the learned author emphasizes that not only the language is simple but also its writing style alone is important for all areas of practice, written from a Western perspective to an African perspective. You won’t be dazzled as you read through your first novel. Application of general negligence theory.

From language to style, the authors have taken the time to construct the history of chiropractic and give authorities a clear definition of chiropractic. With the emphasis on Walkenhorst v. Kessler, the position of the law in chiropractic has been simplified by further cases such as Lowman v. Kuecker. The practice of chiropractic is the practice of medicine. ” In his writing, the author applied the case of Maryland Casualty Company v. Hill. Willett v. Lorkamp. Cucchiara vs. Funicelli; Jagodinski vs. Sutton. Wallace vs. La Vigne. Janssen vs. Mulder. Beach vs. Hunter. Nelson vs. Darryl. Küchler vs. Worgmann. Treptau v. Behrens Spa; and Küller v. Worgnan. Bakewell vs. Carl. Kelly vs. Carroll. The author provided more examples to make this book an “evidence-based book”. look:

Chesney v. People, 121 Colo. 73, 212 P.2d 1011 (1949) (Chiropractor).

Ellinwood v. McCoy, 8 CalApp.2d 590, 47 P.2d 796 (1935), (non-drug therapists). Hardy v. Dahl, 210 NC 260

530, 187 SE 788 (1936), (Naturopathy Physician).

Bolles v. Quinton, 83 Co. 147, 263 Pack. 26, 56 ALR 814(1929), (Osteopathic Physician);

Grainger v. Still, 187 Mo. 197, 85 SW 1114, 70 LRA 49 (1905), (Osteopaths and Surgeons).

There are many other examples that the author uses in the subject matter of this book.

Chapter 4 deals with chiropractors as expert testimony. As the author pointed out, this is a double standard. “Chiropractors are not evaluated in the same way as physicians, because courts have recognized that their training is different from that of physicians.” This is the fact that chiropractors have the ability to testify as expert witnesses in their medical field.He uses the case of Alger v. Schine Theater Company to emphasize his argument. v. Sutton. The court in Dickman v. Struble made it clear that the competence of expert witnesses depends primarily on the judge’s discretion, as seen in City of Akron v. Board of Public Utilities. Thus, in Tully v. Mahoning Express Company, a witness seeking expert status must first state his or her education, skills, and experience in the subject matter to which he or she is testifying. There is no getting away from the author’s excellent knowledge and wide-ranging discussion of medical malpractice in this book.

This review would be incomplete if we omitted the popular case Kropp v. British Columbia Association of Naturopathic Physicians. The learned author of this paper has clarified the principle with reference to another case, namely Victoria v. Gibson Commissioner of Consumer Affairs R. v. Javanmardi (No 2). [2017] FCA366; Alfred Bowman and Dr. Sebi LLC vs. Michael Jackson [2004].

The principles derived from the above case are:

“The healing power of nature (Vis Medicatrix Naturae)…

Identification and treatment of cause (Tall Causam)…

First of all, Do No Harm (Primum Non Nosere)…

Doctor as teacher (Docere)…

Treating the whole person (Tall Totum)…

Prevention (preventale)

Chapter 5 of this book deals with the spirituality of the “pastor as non-medicinal healer.” The author emphasizes that the reason for this momentum is that most of them claim that orthodox medicines alone are not enough. Anointing oil, pastoral counseling, herbal medicine, and other possible solutions should be replenished. The author reapplied the case of Nally v. Grace Community Church, 253 California. Rptr. No. 97 (1988) decided to deal with “Clerical Misconduct”.

Apart from the main theme of legal reform, medical malpractice and Ghanaian and Gambian law have another appeal. The language and style in which the story is presented is remarkable. A great author is able to state the law in simple, clear, colloquial language that even a layperson can understand. With his staccato and concise writing style, he succeeds in communicating to the world the current state of medical negligence and the future.

Then comes the humor. It’s not just what you say, but how you say it. Professor Nyarkotei is aware of this, and in his book he expresses humor in his writing as much as in his speeches. Some critics have made the following comments about the book on medical malpractice and law in Ghana and Gambia: “His reputation is based on a rare combination of intellectual brilliance, a lively speaking and writing style, and an irresistible enthusiasm for law reform. Professor Nyarkotei’s books reflect these qualities.” He described the book as “a passionate, readable, and vigorous defense of his career as a judge.” . ”

For law students, academic lawyers, lawyers, doctors and judges, medical negligence and law in Ghana and Gambia should have several attractions. Even amateurs may find it attractive.

Other legal books by Professor Nyarkoti on legal aspects of naturopathy.

Congratulations on demonstrating academic and legal scholarship in the specialty of natural medicine in Ghana and Africa.

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