Medical negligence happens when a doctor or nurse doesn’t take proper care, and that causes harm to a patient. This could be giving the wrong diagnosis, making a mistake during surgery, delaying treatment, or ignoring someone who needs urgent help. It’s not about punishing every error, but making sure health workers are responsible when they don’t meet the expected standard of care.
In the past, the law gave doctors a lot of freedom. As long as other doctors agreed with their actions, the courts usually stayed out of it, because the idea was that “doctors know best.”
But times are changing. Courts are now more willing to look into what really happens in hospitals, especially when patients aren’t told the full story about their care. One big change is how patients are now getting more rights to see their own medical records.
The case of Jehu Appiah v Nyaho Healthcare Ltd throws more light on this issue.
The Case in Brief
The plaintiff, Mrs. Jehu-Appiah, accused Nyaho Healthcare Limited of negligently damaging her fallopian tube, a complication that, according to her, nearly cost her life. She had accessed antenatal care services at the facility after conceiving. However, at a certain point in her treatment, she was forced to seek life-saving surgery at a different hospital due to what she described as the “actions and inactions” of Nyaho.
Following the surgery, she lodged a formal complaint with the facility. The hospital promised to conduct investigations and communicate the findings. But when Mrs. Jehu-Appiah requested access to her medical records, including scans, test results, diagnoses, and details of the treatment she had received, the hospital declined to release them. Her repeated efforts to obtain the full documentation proved unsuccessful, prompting her to take legal action. She sought an order at the Human Rights Court, compelling the hospital to release her full medical file.
In response, the hospital urged the court to dismiss the application. Its argument rested on two main grounds. First, it claimed that the plaintiff’s request for disclosure was not supported by any legal basis. Second, it argued that the plaintiff had not identified any specific information that was unknown to her or outside her existing knowledge, and therefore, there was no justification for compelling further disclosure.
The court found that Nyaho Healthcare Limited had not, at any point in its defence, denied having possession or custody of the medical records. On that basis, the court held that the hospital was obligated to release the full records to the plaintiff. Justice Charles Gyamfi Danquah accordingly ordered the disclosure of the complete medical file and awarded costs of GHS 2,000 in favour of the plaintiff.
What This Case Means – The Legal Position
Access to one’s own medical records is not a favour. It is a right. The 1992 Constitution of Ghana guarantees the right to information. That right includes the right of a patient to access information held by their healthcare provider, especially where the information concerns the patient’s own body, health, or life.
When a hospital refuses to disclose a patient’s medical records, it risks breaching this constitutional right. In such cases, the patient may apply to the High Court for redress, just as Mrs. Jehu-Appiah did.
Legally, the ownership of medical records lies with the health facility. But the beneficial owner is the patient.
Lessons for Patients
1. Know that you are the beneficial owner of your medical records
Even if the hospital owns the file, the information inside it is yours. You have a right to request it not just a summary, but the full record of care.
2. Ask early, and ask in writing
If you suspect something went wrong with your treatment, make your request early and put it in writing. Follow up and keep copies. This builds a paper trail that will help if you later have to go to court.
3. Go to Court if the hospital declines your request
The law is on your side. You do not need to sue for negligence first. You can apply the Constitution to enforce your right to information.
Lessons for Healthcare Facilities
1. Transparency isn’t optional
A healthcare facility that refuses to release patient records is not only acting unprofessionally and unethically, it may be breaking the law.
2. Summaries are not enough
When a patient requests their records, they are entitled to the full documentation, doctors’ notes, scans, test results, diagnosis, and treatment plans. Giving them an edited version is not compliance.
3. Good record-keeping is a legal duty
Medical records are often the only way to prove what happened in the consulting room or theatre. Poor records put both patients and providers at risk. Keep accurate, timely, and complete documentation.
Conclusion
Mrs. Jehu-Appiah’s case is about more than just one woman and one hospital. It is about the right of every Ghanaian patient to know what was done to them, what went wrong, and whether justice can be found.
Medical records are not just paperwork. They are the single most important source of proof in medical negligence litigation. Without the records, a patient may have no way of proving their claim or even understanding what happened to them.
And now, thanks to this case, it is also one more thing made clear by the courts: If it’s about your health, you have a right to know.
