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Medical negligence threatens public confidence in health system – Law lecturer

Mr Julius Odoi, a Law Lecturer at Central University, has called for stronger legal enforcement and systemic reforms to address what he describes as “the growing threat of medical negligence” in Ghana’s health sector.

In an article titled “Medical Negligence in Ghana: Using the Law to Restore Accountability and Protect Human Life”, Mr Odoi said recurring reports of alleged negligence in public health facilities were eroding public confidence in the country’s healthcare system.

He stressed that while healthcare delivery depended on technical competence, it must equally be grounded in empathy and accountability, noting that the state could not afford to renege on its social contract to protect citizens’ lives.

The Law Lecturer cited widely reported cases, including the death of Bernice Asare at the Greater Accra Regional Hospital in 2018, which her family linked to the “no bed syndrome”.

He said although a committee of inquiry was established, many Ghanaians remained unconvinced that the outcome led to meaningful sanctions or reforms.

He also referenced the reported death of 70-year-old Richard Kofi Appiah at the Komfo Anokye Teaching Hospital after multiple referrals due to lack of space, as well as the case of a young engineer allegedly denied prompt emergency care at three facilities.

“These cases reinforce a painful narrative that systemic failures and professional indifference sometimes combine to produce avoidable deaths,” he stated.

The Law Lecturer acknowledged that health unions often attribute such incidents to inadequate funding, infrastructure deficits, and equipment shortages, arguing, however, that resource constraints could not absolve individual professionals of their ethical and legal duties.

Mr Odoi emphasised that medical negligence constituted not only a moral failing but also a legal wrong under Ghanaian law, explaining that victims could pursue civil claims and, in some instances, criminal action where duty of care, breach, causation, and damage were proven.

He noted, however, that very few malpractice cases successfully reach a conclusion in court due to significant barriers.

 

According to him, many victims lacked the financial capacity to litigate, while expert testimony was difficult to obtain because medical practitioners are often reluctant to testify against colleagues.

Mr Odoi further observed that committee reports were not always made public and disciplinary processes lacked transparency.

“This creates the public perception that the system protects health professionals more than patients,” he said.

He proposed several reforms, including transparent, independent, and time-bound investigations into alleged malpractice, as well as the publication and enforcement of inquiry recommendations.

He also called on regulatory bodies to rigorously enforce professional standards and urged the state to expand legal aid access for victims of medical negligence.

Beyond accountability measures, he stressed the need for increased investment in health infrastructure and staffing, noting that although health workers operate under pressure, “no shortage of equipment justifies abandoning a patient in distress.”

The Law lecturer further advocated a cultural shift within the health sector, with greater emphasis on empathy, patient rights, and ethical training in continuous professional development.

He urged citizens to demand transparency and support victims seeking justice, stressing that consistent application of the law would not only compensate affected families but also deter future wrongdoing.

“The state must ensure that neither poverty nor professional solidarity stands in the way of accountability,” he stated.

Mr Odoi said restoring trust in Ghana’s healthcare system would require both improved facilities and a justice system that worked effectively for ordinary citizens.

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