Monrovia – Health Minister-designate Dr. Wilhemina Jallah who is facing action of damages for alleged wrongful death before the Civil Law Court is seeking an independent probe.
Dr. Jallah who is yet to face the Senate Committee on Health for confirmation after her nomination by President Weah weeks ago made the request through her legal counsel Amara Sheriff Friday.
Cllr. Sherriff in a four-count motion to the court argue that Section 24.1 ILCLR Title 1 provides that in an action pending before a Circuit Court, the court may appoint on motion of any party or its own initiative a referee to take evidence make findings and determine specific issues to report, issues to perform particular acts or only to receive and report evidence.
“Movants say that the plaintiff/respondents’ action of wrongful death of decedent Desiree Fahnbulleh against defendants/ movant is a case of first impression and for proper understanding of the matter requires a highly trained specialized knowledge of the medical profession, particularly those medical practitioners that have acquired advanced medical education, training and a wealth of experience that will determine whether or not defendants/movants were negligent that may have led to the death of Desiree Fahnbulleh,” the motion noted.
Cllr. Sheriff furthered in the motion that due to the complexities of the highly technical allegations, only people of the same medical profession that will be constituted by the court to arrive at independent judgment as to whether or not there was medical mal-practice.
“Your honor, appoint an independent referee from a recognized and licensed medical institution to be aided by professional medical practitioners appointed by each of the parties herein."
"That is to say, one medical practitioner as a representative of movant and another medical practitioner for the respondent."
"The independent referee, the arbiter panel will submit the report – the basis on which the court shall enter judgment or the basis on which the jury may use same as yard stick in arriving at a just and fair verdict,” said Sherriff who claimed that the motion has been made in good faith.
According to Cllr. Sherriff from the Johnny Momoh & Associates Legal Chambers, this claim could be settled through proper and independent medical practitioners with specialized medical practitioners schooled in the field of medicine.
There has been no objection to the Cllr. Sheriff’s request.
Health Minister designate Jallah has been sued for damages by Larry Fahnbulleh for allegedly causing the death of his late wife Desiree Fahnbulleh after undergoing surgery at the Hope for Women International facility in Paynesville where she serves as Medical Director.
Other named in the lawsuit alongside Dr. Jallah are Dr. Lorraine Cooper and S. Neal Anesthetist all of the City of Paynesville.