Kumasi mother seeks GH₵10m from KATH over newborn death

A High Court in Kumasi is expected to hear a negligence suit filed against the Komfo Anokye Teaching Hospital (KATH) by a woman who says lapses during her labour and delivery contributed to the death of her baby.

The plaintiff, Mrs Mavis Elikem Gbewordo, is asking for GH₵10 million in damages, as well as exemplary damages and costs, arguing the hospital bears responsibility for the conduct of its staff under vicarious liability.

Mrs Gbewordo says she received antenatal care at Siloam Hospital, where scans reportedly indicated she was carrying a “big baby” and she was advised a caesarean section would be the safer option.

According to the suit, she was referred to KATH on 6 May 2022 after Siloam’s surgical team was unavailable.

Her account says she arrived at KATH at around 2:00 pm but was left unattended for extended periods despite the referral note. She says she was assessed at about 6:00 pm, recorded as 1cm dilated, and reviewed again at around 2:00 am the next day, when dilation had reached 4.5cm.

She further claims her water broke at about 3:00 am while she was still unattended, and that staff were unresponsive when the development was reported.

The suit says she was made to go through a vaginal delivery at about 9:00 am on 7 May 2022, delivering a baby weighing roughly 4.0kg.

Her filing alleges 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, according to the documents.

Mrs Gbewordo also alleges the hospital failed to obtain informed consent for what she describes as a high-risk vaginal delivery, and ignored prior advice pointing to a caesarean section as the safer option.

Beyond the substantive claim, she says she has repeatedly requested her medical records since 20 May 2022 but has not received them. The suit alleges KATH declined to release the records, citing “quality assurance audits”.

Her lawyers have filed an Application to Set Down the Instant Action for Trial, signalling they consider the case ready for determination on its merits.

In an affidavit supporting that move, Mrs Gbewordo says KATH has entered appearance and filed a statement of defence, and that she has filed a reply — meaning pleadings are closed. The application, filed on 25 August 2025, asks the court to set a trial date so both sides can call witnesses and test the evidence.

KATH has not publicly responded to the claims or the latest court application.