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Mother sues KATH for alleged medical negligence, seeks GH₵10m

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A Kumasi resident, Mrs Mavis Elikem Gbewordo, has filed a suit against Komfo Anokye Teaching Hospital (KATH) at the High Court, alleging medical negligence that she claims led to the death of her newborn baby. She is seeking GH₵10 million in damages.

In her writ of summons, Mrs Gbewordo argues that KATH is vicariously liable for the alleged negligent acts and omissions of its health workers during her labour and delivery.

"The Defendant’s agents were negligent in the management of my labour, which resulted in my baby being diagnosed with severe asphyxia and dying thereafter," the plaintiff states.

Court documents indicate that Mrs Gbewordo attended antenatal care at Siloam Hospital, where she was advised that a caesarean section would be safest after scans showed she was carrying a “big baby.” She was later referred to KATH on May 6, 2022, after Siloam’s surgical team was unavailable.

"I was admitted to the Defendant hospital at about 2:00 pm, yet I was left unattended for long periods despite the referral note," she alleges. She claims she was assessed at 6:00 pm, found to be 1cm dilated, and again at 2:00 am the following day, when dilation had progressed to 4.5cm. At about 3:00 am, her water reportedly broke while she remained unattended.

"When this was reported, the nurses appeared unfazed," she says.

Mrs Gbewordo further alleges that despite the risks, she was forced to undergo a vaginal delivery at about 9:00 am on May 7, 2022, delivering a baby weighing approximately 4.0 kilogrammes.

"The baby was born pale, did not cry, and had to be placed on oxygen," the claim states. The child was later diagnosed with severe asphyxia and died a week later.

She also accuses the hospital of failing to obtain informed consent for the high-risk vaginal delivery and ignoring prior referral advice recommending a caesarean section.

In addition to compensation, Mrs Gbewordo is seeking exemplary damages and costs, citing the emotional trauma and loss she has endured. She also claims that repeated requests for her medical records since May 20, 2022, have been ignored.

"The Defendant has refused to release my medical records, citing so-called quality assurance audits," she alleges.

The case is expected to be heard in the Kumasi High Court, where the plaintiff is seeking justice and accountability for the alleged medical negligence.

Find attached the writ for more information

Case set to move to trial

In a related development, lawyers for Mrs Gbewordo have filed an Application to Set Down the Instant Action for Trial, signalling that the case is now ready to be heard on its merits.

In an affidavit in support of the application, Mrs Gbewordo states: “The Defendant has entered appearance and filed its Statement of Defence, and I have also filed a reply. Pleadings are therefore closed.”

She adds that it has become necessary “to enable the parties to call their witnesses and prove their respective cases”.

The application, filed on August 25, 2025, urges the High Court to set the matter down for trial and make any further orders it deems appropriate.

As at the time of publication, Komfo Anokye Teaching Hospital had not publicly commented on either the substantive claims or the latest application. The case is expected to draw close attention as it raises broader questions about patient care, consent and accountability within Ghana’s public healthcare system.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.