Accra: The issue of medical negligence continues to surface in Ghana, revealing a lack of understanding of its legal intricacies among the general populace. Private Legal Practitioner Charles Appiah-Fokuoh Esq. discussed this topic in a detailed piece published on a law platform and highlighted by GhanaWeb on June 12, 2026. His discussion centers around incidents where medical negligence allegedly led to fatalities, such as the death of a newborn in Accra and the case of Charles Amissah, a 29-year-old engineer who reportedly died due to delayed emergency treatment at multiple hospitals in February 2026.
According to Ghana Web, a Ministry of Health committee concluded that Amissah succumbed to medical neglect rather than his accident-related injuries, asserting that timely medical intervention could have saved his life. Additionally, the April 2026 death of Abigail Opoku, a pregnant woman at Kasoa Mother and Child Hospital, has fueled allegations of negligence after her family claimed that an emergency caesarean section was postponed due to inadequate recovery ward space.
Appiah-Fokuoh's article elaborates on what constitutes medical malpractice under Ghanaian law and explores legal remedies available to victims. Medical negligence, or malpractice, involves a healthcare professional failing to meet the expected standard of care, resulting in patient harm or death. Legal experts clarify that not all adverse medical outcomes are due to negligence; it occurs when a healthcare provider breaches their duty of care, directly causing harm.
In Ghana, medical practice is primarily regulated by the Health Professions Regulatory Bodies Act, 2013 (Act 857), which authorizes bodies like the Medical and Dental Council to uphold standards and discipline practitioners. However, medical negligence claims are often resolved using common law tort principles. Patients seeking compensation must demonstrate that a duty of care existed, was breached, and that this breach caused injury resulting in actual damage.
The 'Bolam Test,' derived from English law, is often used in court to assess negligence, determining if a healthcare provider's actions align with accepted medical practices. Medical negligence cases can include delayed or denied treatments, surgical errors, equipment failures, and misdiagnosis, among others. Severe cases may even lead to criminal charges, such as manslaughter, under the Criminal Offences Act, 1960 (Act 29).
Ghanaian courts have made significant rulings on medical negligence, such as the Asantekramo alias Kumah v Attorney-General case, where a patient lost an arm due to surgical complications. The hospital was found negligent and damages were awarded. Another case, State v K Nkyi, involved a student nurse convicted of manslaughter for administering the wrong medication. The Gyan v Ashanti Goldfields Corporation case emphasized that healthcare professionals must operate within their qualifications.
Victims of medical negligence have several options for seeking justice. They can file complaints with the Medical and Dental Council, which can investigate and impose disciplinary actions. Alternatively, the Commission on Human Rights and Administrative Justice (CHRAJ) may be petitioned for administrative failures in public health facilities. For compensation, victims can pursue civil actions in court, generally within three years from when the cause of action arose, as per Ghana's Limitation Act.
Medical negligence is increasingly significant in Ghana as public awareness of patient rights grows. Negligence-related claims reportedly cost the country millions annually. Experts link many cases to issues like understaffing, inadequate training, limited resources, poor communication, and heavy workloads in healthcare facilities. While legal action holds providers accountable, professionals advocate for reforms, such as specialized healthcare courts, enhanced medico-legal training, and stronger regulatory oversight.
As awareness rises, the surge in negligence claims reflects not only concerns about healthcare standards but also a growing willingness among Ghanaians to seek accountability when medical care deviates from accepted professional norms.