Mohammed Mustapha has emerged victorious after a protracted legal battle against the Greater Accra Regional Hospital, popularly known as Ridge Hospital and the Ministry of Health.
The lawsuit, initiated following the tragic demise of Mustapha’s wife, Akua Nyarko Osei-Bonsu, during childbirth in December 2019, resulted in a compensation award of GH¢3 million.
Mustapha’s legal action, which included the Attorney General and Ghana Health Service as defendants, centred on allegations of medical negligence that led to his wife’s death and caused him profound emotional distress.
The case details events that began with Mrs Osei-Bonsu’s antenatal care at Ridge Hospital in July 2019—concerns escalated in November 2019 when medical staff identified issues during routine checks, prompting further diagnostic scans.
A Doppler scan on December 13, 2019, revealed severe Intrauterine Growth Restriction (IUGR) and abnormal umbilical artery Doppler, signalling placental insufficiency.
Following these findings, an emergency Caesarean section was performed on December 16, 2019. Tragically, the newborn did not survive, and Mrs Osei-Bonsu succumbed to thromboembolism within 24 hours post-surgery.
Mustapha argued that Ridge Hospital deviated from established protocols by failing to implement adequate pre-operative and post-operative management plans, including the omission of prophylactic anticoagulant therapy, which is recommended within 12 hours of surgery.
In its ruling on July 31, 2024, General Jurisdiction 7 of the High Court sided with Mustapha in Mohammed Mustapha v. Attorney-General, Ministry of Health.
The court upheld Mustapha’s negligence claims and awarded him substantial damages, highlighting the hospital’s failure to adhere to standard care practices and Ghana’s health policy objectives.
The court’s decision underscored Ridge Hospital’s shortcomings in meeting national health standards and its obligation to maternal healthcare under the Sustainable Development Goals. These goals aim to reduce preventable deaths among newborns and children under five by 2030.
The outcome of this case serves as a critical reminder of the importance of rigorous adherence to medical protocols and the duty of care owed to patients under Ghanaian law.
