Mother sues KATH over newborn’s death; demands GH₵10m

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A Kumasi-based mother, Mavis Elikem Gbewordo, has dragged the Komfo Anokye Teaching Hospital (KATH) before the High Court, accusing the facility of medical negligence which 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 contends that KATH should be held vicariously liable for the actions and omissions of its staff 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.

Court documents indicate that Mrs Gbewordo initially received antenatal care at Siloam Hospital, where scans suggested she was carrying a “big baby” and doctors advised that a caesarean section would be the safest option.

She was later referred to KATH on May 6, 2022, after Siloam Hospital’s surgical team became unavailable.

According to her account, she arrived at KATH at about 2:00 pm but was allegedly left unattended for extended periods despite presenting a referral note.

“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 says she was first examined at about 6:00 pm and found to be only 1cm dilated, and again at 2:00 am the following day when dilation had progressed to about 4.5cm. Around 3:00 am, her water reportedly broke while she was still unattended.

“When this was reported, the nurses appeared unfazed,” she adds.

Mrs Gbewordo further claims that in spite of the risks involved, she was made to undergo vaginal delivery at about 9:00 am on May 7, 2022, eventually giving birth to 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 newborn was later diagnosed with severe asphyxia and died a week afterwards.

She also accuses the hospital of failing to obtain her informed consent for what she describes as a high-risk vaginal delivery and ignoring the earlier referral advice which recommended a caesarean section.

Beyond compensation, Mrs Gbewordo is asking the court for exemplary damages and costs, citing the emotional distress and loss she has suffered. She further alleges that repeated efforts to obtain her medical records since May 20, 2022, have been unsuccessful.

“The Defendant has refused to release my medical records, citing so-called quality assurance audits,” she claims.

The matter is before the Kumasi High Court, where the plaintiff is seeking accountability over the alleged negligence.

In a related development, lawyers for Mrs Gbewordo have filed an Application to Set Down the Instant Action for Trial, indicating that the case is ripe for hearing.

In an affidavit supporting the application, the plaintiff notes: “The Defendant has entered appearance and filed its Statement of Defence, and I have also filed a reply. Pleadings are therefore closed.”

She explains that the move is 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 fix the case for trial and issue any further orders it considers appropriate.

As of publication, Komfo Anokye Teaching Hospital had not issued any public response to the claims or the application. The case is expected to attract significant attention as it touches on patient care, informed consent and accountability in Ghana’s public health system.

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