Licensed to kill? Contextualising medical misconduct, malpractice and the law in Ghana

Abstract

Now, more than ever, the Ghanaian patient is better informed, more discerning and increasingly aware of his/her healthcare rights and options. Despite the rate of awareness, scholars have paid less attention to some medicolegal issues in the country. This paper examines the prevailing regime of healthcare delivery and regulation, and attempts to construct the context of medical misconduct and malpractice in Ghana. Using a desktop approach, the study made use of secondary data such as news articles, journal publications, and statutes, among others. The analysed data indicate that what determines professional-patient relationship outcomes are contextual issues of regulatory, institutional, political, socio-cultural, and legal. It is proposed that any prosecution or adjudication of malpractice claims, or considerations for medical law reforms, must be done with due regard to the prevailing context, if just and suitable ends are envisaged.