Mother Sues Komfo Anokye Teaching Hospital (KATH) for Clinical Negligence: Seeking GH₵10 Million in Damages

Introduction

The Ghanaian healthcare sector is currently facing a significant legal challenge following a high-profile lawsuit filed against the Komfo Anokye Teaching Hospital (KATH) in Kumasi. A resident, Mrs. Mavis Elikem Gbewordo, has initiated legal proceedings against the renowned medical institution, alleging severe clinical negligence that she claims led to the death of her newborn child. This case, currently before the Kumasi High Court, seeks GH₵10 million in damages and raises critical questions regarding patient rights, medical standard of care, and the handling of clinical information in public hospitals. As the case progresses toward trial, it serves as a vital case study for understanding medical malpractice litigation in Ghana.

Key Points

Background

The events leading to this lawsuit began during Mrs. Gbewordo’s pregnancy. Initially, she received antenatal care at Siloam Hospital in Kumasi. Medical scans conducted at Siloam revealed that she was carrying a “large baby,” a condition often associated with higher risks during vaginal delivery. Consequently, the medical team at Siloam advised that a Caesarean section would be the safest delivery method.

Referral to Komfo Anokye Teaching Hospital

On May 6, 2022, due to the unavailability of a surgical team at Siloam Hospital, Mrs. Gbewordo was referred to Komfo Anokye Teaching Hospital (KATH), a tertiary healthcare facility in the Ashanti Region. She arrived at KATH at approximately 2:00 PM.

According to the writ of summons, a significant gap in patient monitoring occurred immediately upon her arrival. Mrs. Gbewordo alleges that despite presenting a referral note, she was left unattended for extended periods. Clinical records indicate she was first assessed at 6:00 PM, at which time she was only 1cm dilated. A subsequent check at 2:00 AM the following day (May 7, 2022) showed dilation had progressed to 4.5cm.

The Incident

At approximately 3:00 AM, Mrs. Gbewordo reports that her water broke (spontaneous rupture of membranes), yet she remained unattended. She alleges that when this was reported to the nursing staff, they appeared “unfazed.”

Despite the earlier recommendation for a C-section due to the size of the baby, Mrs. Gbewordo alleges she was compelled to undergo a vaginal delivery. The birth occurred around 9:00 AM on May 7, 2022. The newborn weighed approximately 4.0 kilograms. According to the plaintiff, the child was born limp, did not cry, and required immediate oxygen support. The infant was diagnosed with severe birth asphyxia and tragically died one week later.

Analysis

This lawsuit hinges on several complex legal and medical concepts. Understanding these elements is crucial for analyzing the potential outcomes of the case.

Clinical Negligence and Standard of Care

At the heart of the claim is the concept of clinical negligence. In medical law, negligence occurs when a healthcare provider deviates from the “standard of care” expected of a reasonably competent professional in the same field.

The plaintiff argues that the standard of care was breached in two primary ways:

1. Failure to Monitor: The alleged delays in assessing the patient during active labor may be viewed as a failure to adhere to obstetric monitoring protocols.
2. Deviation from Medical Advice: The most critical point of contention is the decision to proceed with a vaginal delivery for a baby identified as “large” (macrosomia), despite prior medical advice for a C-section. In obstetrics, delivering a macrosomic infant vaginally carries a higher risk of complications, including shoulder dystocia and hypoxia.

Vicarious Liability

Mrs. Gbewordo is suing KATH directly based on vicarious liability. This legal doctrine holds an employer (the hospital) responsible for the negligent acts or omissions of its employees (doctors, nurses, and midwives) committed within the course of their employment. The plaintiff does not need to prove that hospital administrators personally ordered the negligence, only that the staff were acting as agents of the hospital at the time.

Informed Consent

The lawsuit also touches on the issue of informed consent. The plaintiff alleges that the hospital failed to obtain proper consent for the high-risk vaginal delivery. Informed consent requires that a patient be fully apprised of the risks, benefits, and alternatives to a proposed procedure. If a patient was previously advised that a C-section was the safest option, proceeding with a vaginal delivery without clear, renewed consent and justification could constitute a violation of patient autonomy.

Access to Medical Records

A procedural hurdle in this case is the plaintiff’s allegation that KATH refused to release her clinical records. In medical litigation, the medical record is the primary evidence. The plaintiff claims the hospital cited “quality assurance audits” as the reason for withholding the documents. Under Ghanaian health regulations and data protection laws, patients generally have a right to access their medical records. The refusal to provide these records can complicate the legal process and may lead to adverse inferences in court.

Practical Advice

For readers seeking to understand the implications of this case or navigating similar situations, here is practical guidance regarding medical negligence and patient rights in Ghana.

Understanding Your Patient Rights

• Right to Information: Patients have the right to understand their diagnosis and treatment options. If a procedure is recommended, ask for the risks and alternatives.
• Right to Records: You are entitled to copies of your medical history. If a hospital delays or denies access, it is advisable to make the request in writing and, if necessary, involve a legal representative.

Steps to Take in Case of Suspected Negligence

1. Preserve Evidence: Keep all discharge summaries, prescriptions, and referral notes. If possible, take photographs or videos of relevant conditions.
2. Seek a Second Opinion: Before pursuing legal action, consult an independent medical expert to review the case and determine if the standard of care was breached.
3. Legal Consultation: Medical malpractice is complex. Engage a lawyer specializing in medical law to assess the viability of a claim and handle the filing of a writ of summons.
4. Alternative Dispute Resolution (ADR): In Ghana, parties are sometimes encouraged to explore mediation before a full trial, though serious negligence claims often proceed directly to court.

For Healthcare Providers

• Documentation: Maintain thorough and contemporaneous records of all patient interactions, especially during labor. Notes should detail the rationale for clinical decisions (e.g., why a vaginal delivery was chosen over a C-section).
• Communication: Ensure that changes in the care plan are clearly communicated to the patient and documented with signed consent.

FAQ

Conclusion

The lawsuit filed by Mrs. Mavis Elikem Gbewordo against Komfo Anokye Teaching Hospital highlights the critical intersection of medical ethics, patient safety, and legal accountability. While the court has yet to determine liability, the case underscores the importance of adhering to established clinical guidelines—such as the recommendation for a Caesarean section in high-risk pregnancies—and the necessity of transparent communication between healthcare providers and patients.

As the Kumasi High Court prepares to hear the matter, the outcome could set a precedent for medical malpractice claims in Ghana. It serves as a reminder to public healthcare institutions of the need for rigorous quality assurance and to patients of their right to seek redress through the judicial system.