A Kumasi resident, Mrs Mavis Elikem Gbewordo, has filed a lawsuit against the Komfo Anokye Teaching Hospital (KATH) at the High Court, alleging medical negligence that she claims resulted in the death of her newborn baby. She is seeking GH₵10 million in damages.
In her writ of summons, Mrs Gbewordo contends 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 subsequently dying,” the plaintiff states.
According to court documents, Mrs Gbewordo received antenatal care at Siloam Hospital, where scans indicated she was carrying a “big baby” and a caesarean section was recommended as the safest delivery option. She was referred to KATH on May 6, 2022, after Siloam Hospital’s surgical team became unavailable.
She alleges that although she was admitted to KATH at about 2:00 pm, she was left unattended for extended periods despite the referral note. She claims she was first assessed at about 6:00 pm and found to be 1cm dilated, and again at around 2:00 am the following day, when dilation had progressed to 4.5cm. At approximately 3:00 am, her water reportedly broke while she remained unattended.
“When this was reported, the nurses appeared unconcerned,” she alleges.
Mrs Gbewordo further claims that despite the known risks, she was compelled to undergo a vaginal delivery at about 9:00 am on May 7, 2022, resulting in the birth of a baby weighing approximately 4.0 kilogrammes.
According to the claim, the baby was born pale, did not cry, and was placed on oxygen. The child was later diagnosed with severe asphyxia and died a week later.
She also accuses the hospital of failing to obtain her informed consent for the high-risk vaginal delivery and of disregarding the prior referral advice recommending a caesarean section.
In addition to compensatory damages, Mrs Gbewordo is seeking exemplary damages and costs, citing the emotional trauma and loss she has suffered. She further alleges 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 states.
The case is expected to be heard at the Kumasi High Court, where the plaintiff is seeking accountability for the alleged medical negligence.
Case set to move to trial
In a related development, lawyers for Mrs Gbewordo have filed an application to set the matter down for trial, indicating that the case is now ready to be heard on its merits.
In an affidavit supporting the application, Mrs Gbewordo states that KATH has entered appearance and filed its Statement of Defence, to which she has responded. She notes that pleadings have therefore closed.
She adds that the application is necessary to allow the parties to call 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 to make any further orders it deems appropriate.
As of 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 attract significant public interest, as it raises broader issues of patient care, informed consent, and accountability within Ghana’s public healthcare system.