An Accra High Court has awarded GH¢3 million in damages to Mohammed Mustapha, following the death of his pregnant wife, Akua Nyarko Osei-Bonsu, after a Caesarean section at the Greater Accra Regional Hospital in November 2019. The lawsuit, filed by Mustapha in 2020, accused the hospital, the Ministry of Health, and the Attorney General of negligence, which led to his wife’s death.
Background
Akua Nyarko Osei-Bonsu had been receiving antenatal care at the Ridge Hospital since 2019. In November, a Doppler scan revealed severe Intrauterine Growth Restriction (IUGR) and abnormal umbilical artery conditions, indicating placental insufficiency. As a result, an emergency Caesarean section was scheduled for December 2019 to save both mother and baby.
Tragically, following the operation, Akua developed thromboembolism, a condition in which a blood clot breaks off and travels through the bloodstream, leading to her death and that of the baby.
Claims of Negligence
In 2020, Mustapha filed a lawsuit seeking GH¢5 million in damages, alleging negligence on the part of the Greater Accra Regional Hospital, the Ministry of Health, and the Attorney General. The General Jurisdiction 7 of the High Court, in the case of Mohammed Mustapha v Attorney-General, Ministry of Health, delivered its judgment on July 31, 2024, partially upholding Mustapha’s claims.
Mustapha’s legal team argued that the hospital staff and management failed to adhere to standard pre- and post-operative care protocols, including prophylactic anticoagulant therapy, which could have prevented the thromboembolism. Although Mustapha had purchased the necessary anticoagulant, it was not administered to his wife. The legal team also highlighted the lack of other preventive measures, such as the use of compression stockings and early mobilization, which are standard practices to prevent such conditions.
The court found that the hospital’s failure to provide adequate care constituted a breach of the National Health Policy and Ghana’s commitment to reducing maternal and neonatal mortality under the Sustainable Development Goals. The judgment emphasized that the hospital’s care fell below the required standard, resulting in a breach of duty that contributed to the preventable deaths.
The awarded damages reflect the court’s recognition of the hospital’s negligence and the failure to adhere to standard medical practices, which led to the tragic loss of Akua Nyarko Osei-Bonsu and her unborn child.