What medical negligence means within Ghana's legal framework

The issue of medical negligence comes up every now and then in Ghana, yet many do not exactly appreciate the tenets of this terminology in the legal sense.

Private Legal Practitioner, Charles Appiah-Fokuoh Esq, sought to deliberate on the subject in his piece published on the law platform and sighted by GhanaWeb on June 12, 2026.

Relating the subject to a report on the death of a newborn baby allegedly linked to negligence at a hospital in Accra, he detailed the issue of medical negligence.

In February 2026, 29-year-old engineer Charles Amissah died after reportedly being denied timely emergency treatment at three major hospitals in Accra following a hit-and-run accident.

A committee set up by the Ministry of Health later concluded that he died from medical neglect rather than the injuries sustained in the accident, stating that prompt intervention could have saved his life.

Similarly, in April 2026, the death of Abigail Opoku, a pregnant woman at the Kasoa Mother and Child Hospital, sparked allegations of negligence after her family claimed an emergency caesarean section was delayed due to a lack of recovery ward space.

His piece aimed to answer questions about what exactly constitutes medical malpractice under Ghanaian law and the legal remedies available to victims.

Medical negligence, also known as medical malpractice, occurs when a healthcare professional such as a doctor, nurse or other medical practitioner fails to meet the standard of care expected of a reasonably competent professional in similar circumstances, resulting in injury, harm or death to a patient.

Legal experts say not every unfavourable medical outcome amounts to negligence.

Rather, negligence arises when a healthcare provider breaches a duty of care owed to a patient and that breach directly causes harm.

Medical negligence in Ghana: Do we need a special healthcare court to handle such issues?

The legal framework

In Ghana, medical practice is regulated primarily under the Health Professions Regulatory Bodies Act, 2013 (Act 857), which empowers professional bodies such as the Medical and Dental Council to maintain standards and discipline practitioners.

However, medical negligence claims are largely determined through the common law principles of tort.

Under this framework, a patient seeking compensation must prove four essential elements: that a duty of care existed, that the duty was breached, that the breach caused injury, and that actual damage or loss occurred.

Courts often apply what is known as the ‘Bolam Test,’ a legal principle originating from English law.

Under the test, a healthcare professional may not be considered negligent if their actions align with a practice accepted as proper by a responsible body of medical opinion.

What actions may amount to negligence?

Medical negligence can occur in various forms within healthcare facilities.

Common examples include delayed or denied treatment, particularly in emergency situations where care is withheld due to payment disputes; surgical mistakes resulting in injury or complications; equipment failures that harm patients; and misdiagnosis or failure to diagnose medical conditions in time.

Healthcare professionals may also be found negligent when they undertake procedures beyond their qualifications or fail to adhere to accepted professional standards.

In severe cases, negligence may even attract criminal liability. Under the Criminal Offences Act, 1960 (Act 29), a healthcare worker whose gross negligence results in a patient's death could face prosecution for manslaughter.

'The Path of Least Resistance: Medical negligence'

Landmark cases

Ghanaian courts have over the years delivered several significant rulings on medical negligence.

One of the most notable is the case of Asantekramo alias Kumah v Attorney-General, where a patient lost an arm following complications from surgery at the Komfo Anokye Teaching Hospital. The court found the hospital negligent and awarded damages.

Another case, State v K Nkyi, involved a student nurse who was convicted of manslaughter after administering arsenic instead of the prescribed medication to a baby.

In Gyan v Ashanti Goldfields Corporation, the court held a senior nurse liable for performing duties beyond her competence and training, reinforcing the principle that healthcare workers must operate within the limits of their qualifications.

How victims can seek justice

Patients who believe they have suffered from medical negligence have several avenues for redress.

Complaints can be lodged with the Medical and Dental Council, which has the power to investigate professional misconduct and impose disciplinary sanctions, including suspension or revocation of licences.

Victims may also petition the Commission on Human Rights and Administrative Justice (CHRAJ), particularly where negligence involves administrative failures in public health facilities.

For those seeking compensation, a civil action can be filed in court. Legal experts note that claimants generally have three years from the date the cause of action arose to initiate proceedings under Ghana's Limitation Act.

To succeed in court, petitioners must establish that a healthcare provider owed them a duty of care, breached that duty, directly caused the injury complained of, and that the injury resulted in measurable damages.

Growing concern

Medical negligence has become an increasingly important issue in Ghana as public awareness of patient rights grows. Reports suggest negligence-related claims cost the country millions of cedis annually in settlements and legal expenses.

Experts attribute many cases to understaffing, inadequate training, resource constraints, poor communication and excessive workloads within healthcare facilities.

While legal action provides a mechanism for accountability, legal practitioners and healthcare experts continue to advocate reforms, including specialised healthcare courts, enhanced medico-legal training, stronger regulatory oversight and improved patient education.

As awareness increases, observers say the rise in medical negligence claims reflects not only concerns about healthcare standards but also a growing willingness among Ghanaians to demand accountability when medical care falls short of accepted professional standards.

MRA/VPO

Meanwhile, watch as Joffery Nortey shares his career journey from comedy to content creation