Ken Agyapong
The medical doctor who issued a medical excuse duty form for the New Patriotic Party (NPP) Member of Parliament (MP) for Assin Central, Kennedy Ohene Agyapong, has appeared before an Accra High Court to explain his decision.
Dr. Kennedy Kwaku Addo of Holy Trinity Medical Centre/Spa, Accra, was ordered to appear before the court to provide an answer to an excuse duty letter he prepared for the lawmaker who is facing a contempt of court charge.
There were initial concerns about the doctor possibly disclosing the medical records of Mr. Agyapong in open court in his attempt to explain the excuse duty.
- A. Chambers, Counsel for Dr. Addo, therefore, prayed the court, presided over by Justice Amos Wuntah Wuni, that the case be heard in camera so that the doctor-client confidentiality between the respondent and his doctor would not be compromised.
Justice Wuni, however, dismissed the objection as he held that the matter before the court did not border on any issue of confidentiality.
Alexander Afenyo Markin, Lawyer for Mr. Agyapong, also raised a similar concern, stressing that the matter had attracted media attention and, therefore, urged the court to hear the case in chambers instead of open court and the judge overruled that objection too.
Questioning
Justice Wuni then put the doctor through a series of questions to ascertain the credibility of the medical excuse duty he signed for the MP.
The judge asked Dr. Addo what led him to issue a medical excuse duty for 14 days and the doctor said it was as a result of the undesirable side effect of a medication he prescribed for Mr. Agyapong which he was supposed to take for that period of time.
Justice Wuni then asked the doctor when he attended to Mr. Agyapong given the fact that he was in court on September 25 and was scheduled to come back on September 28 only for his lawyers to tell the court that he was given a medical excuse duty by the doctor.
Dr. Addo stated that he attended to Mr. Agyapong on September 25 and gave him the medication on September 26, which was the day he discharged him from the hospital.
He was then shown the excuse duty letter and he confirmed to the court that it was the one he prepared for Mr. Agyapong.
But just when the judge was about to ask his next question, Mr. Chambers raised an objection about the doctor-client confidentiality.
He said the doctor, speaking to the excuse duty, would attempt to justify why he gave Mr. Agyapong 14 days and he cannot do that without getting into the medical records of his client, adding that it was not too late to hear the matter in chambers. He was overruled by the court.
Justice Wuni then asked the doctor why he gave Mr. Agyapong, who was an outpatient, 14 straight days without periodic review.
Dr. Addo said depending on the type of condition a medical practitioner is managing, he or she would definitely monitor the patient.
He told the court that antibiotics are given for a period of five (5) to seven (7) days but in the case of Mr. Agyapong, it was necessary to give him 14 days because his condition was not the usual condition that required between five and seven days.
Justice Wuni asked the doctor if he was aware that at the time he wrote the medical excuse duty for Mr. Agyapong, Parliament was not sitting and Dr. Addo said he had “absolutely no idea.”
The judge said it would, therefore, mean that the excuse duty was not meant to ‘excuse’ Mr. Agyapong from his parliamentary duties and the doctor said it was given to him to exempt him from any activity irrespective of where it took place.
The judge then asked Dr. Addo what his response would be if he was told the medical excuse duty was a calculated attempt to delay the contempt proceedings against Mr. Agyapong and the doctor said it was not written to delay any court proceedings.
In his conclusion, Justice Wuni said, “As professionals, as much as possible, in the interest of this dear country, we all need to do what is right and ethical so as to raise this country to higher heights.”
BY Gibril Abdul Razak