A medical negligence suit currently before the High Court of Justice in Accra is drawing attention to longstanding questions about clinical accountability, patient disclosure obligations, and the standard of care owed by private hospitals in Ghana.
The plaintiff, described as a social worker and communications specialist, is seeking GH¢4 million in damages from a private hospital following a series of alleged lapses during her admission and treatment in August 2024. She was diagnosed with conditions including thoracic endometriosis and pneumothorax, and underwent two surgical procedures to drain air and fluid from her lungs.
At the centre of her claim is the allegation that both procedures were improperly performed, with subsequent specialist review revealing that a drainage tube had been incorrectly positioned and inserted at the wrong anatomical location, rendering it ineffective. She further alleges she was initially told both surgeries had succeeded, only discovering they had failed through an independent consultation raising a critical question about whether a hospital’s duty of care extends beyond treatment to include full and accurate disclosure of outcomes.
The case also alleges a pattern of broader systemic failures including delays in discharge despite medical clearance, failure to act on a referral recommendation to the Cardiothoracic Centre at Korle-Bu Teaching Hospital, inadequate post-operative care, and failure to observe her disclosed dietary restrictions, which she says caused allergic reactions during her stay.
Under Ghanaian tort law, liability in negligence requires proof of a duty of care, a breach of that duty, and resulting damage. The duty in a hospital-patient relationship is well established. The contested questions will be whether the alleged conduct fell below the standard of a reasonably competent medical provider, and whether that breach caused the injuries pleaded.
The plaintiff’s claimed consequences are significant: persistent pain, reduced mobility, diminished capacity to work, treatment costs incurred abroad, and ongoing medical complications. She is also urging the court to award damages that serve a deterrent function, not merely compensatory ones.
The case arrives amid growing public concern over medical negligence costs. Former Health Minister Kwabena Mintah Akandoh disclosed in August 2025 that the state was spending no less than GH¢10 million on negligence claims at a single facility in some instances, describing the trend as a “major financial drain” on an already stretched health system.
According to a systematic review of Ghanaian medical malpractice cases, most documented cases involve negligence arising from surgical interventions, with Obstetrics and Gynaecology, Surgery, and Paediatrics the most commonly implicated specialties, though no area of medicine is immune.
The outcome of this case, when it is finally determined, may do more than resolve the specific dispute. It could clarify the scope of disclosure obligations in Ghanaian medical law and contribute to shaping institutional standards for post-operative communication and accountability in private healthcare settings.
