Evaluating Ghana’s Health Institutions and Facilities Act 2011 (Act 829) and the Medical Negligence risks of Health Trainees and Professional Health Workers

Abstract

This legal risk analysis examines Ghana's Health Institutions and Facilities Act 829 of 2011 with attention to heightened medical negligence exposures for both healthcare facilities as well as individual clinical practitioners created under the legislation. Specifically, Section 25 imposes robust vicarious organizational liability upon licensed hospitals, clinics and health centers for negligent acts or omissions of affiliated medical personnel that cause patient harms. Using structured IRAC and CREAC evaluation methodologies, the implications of Act 829 are assessed for facilities enabling trainees to gain instructional clinical experience as well as individual physicians, nurses and other health personnel delivering care onsite. Relevant Ghanaian court precedents are integrated showing increased liability impacts on training programs, practitioner credentialing, informed consent duties, documentation and insurance adequacy. Both risk management recommendations for healthcare institutions as well as continuing education and personal coverage advice for individual clinicians are furnished to enable stakeholders to prudently address the elevated liability landscape sanctioned under Act 829 across Ghana's healthcare sector for enhancing quality aims.

Keywords: Medical Negligence, Vicarious Liability, Health Professionals, Trainee Oversight, Ghana Healthcare Law

DOI: 10.7176/JLPG/139-04

Publication date: January 31^st 2024