After a four-year legal battle, Mohammed Mustapha has won his lawsuit against the Greater Accra Regional Hospital, commonly known as Ridge Hospital, and the Ministry of Health, securing GH¢3 million in compensation.
This case stemmed from the tragic death of Mustapha's wife, Akua Nyarko Osei-Bonsu, following a Caesarean section in December 2019.
Mustapha's lawsuit, which also named the Attorney General, the Ministry of Health (MoH), and the Ghana Health Service (GHS) as defendants, claimed negligence that led to his wife's death and the severe trauma he endured.
Claims
In his 2020 statement, Mustapha detailed that his wife began antenatal care at Ridge Hospital in July 2019, around 12 weeks into her pregnancy. Her care continued routinely until November 20, 2019, when she was asked to bring in a scan due to a specific complaint.
Following this, the hospital requested a Doppler scan, which was submitted on December 13, 2019.
The Doppler scan revealed severe Intrauterine Growth Restriction (IUGR) with an Abnormal Umbilical Artery Doppler, indicating placental insufficiency.
As a result, an emergency Caesarean section was scheduled and performed on December 16, 2019. Unfortunately, the baby did not survive, and within 24 hours, Akua developed thromboembolism, leading to her death.
Mustapha argued that the hospital failed to follow its standard protocols, which include developing a comprehensive pre-operation and post-operation management plan.
Although Mustapha procured an anticoagulant before the surgery, the hospital did not administer it, breaching its own protocols.
According to these protocols, every patient undergoing a Caesarean section should receive prophylactic anticoagulant therapy within 12 hours post-surgery.
Court ruling
On July 31, 2024, the General Jurisdiction 7 of the High Court ruled in favor of Mustapha in the case of Mohammed Mustapha v. Attorney-General, Ministry of Health.
The court upheld Mustapha's claims and awarded him more than half of the damages for the hospital's negligence.
Mustapha's legal team argued that the hospital staff and management were negligent in their duties, failing to adhere to standard care practices, including pre-operative and postoperative care and the administration of prophylactic anticoagulant therapy.
Despite Mustapha's procurement of the necessary anticoagulant, it was not administered to his wife.
The lawyers also highlighted the hospital's failure to implement preventive measures like compression stockings and early mobilisation to avoid thromboembolism.
The court found that Ridge Hospital's care fell below standard procedures, violating the National Health Policy and Ghana's commitment to maternal healthcare under the Sustainable Development Goals.
These goals aim to end preventable deaths of newborns and children under five, targeting neonatal mortality of at least 12 per 1,000 live births and under-5 mortality of at least 25 per 1,000 live births by 2030.
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