Tort Liability Actions

A tort is a civil wrong committed against another, in which that other injured party can sue for damages. In personal injury cases, the injured party will attempt to receive compensation to cover losses due to medical expenses and to pay for damages.

Tort law determines whether a person may be held legally responsible for injury against another, and what type of compensation/damages the injured party is entitled to. In order to claim damages there must be a breach in the duty of the defendant to the plaintiff which results in injury to the plaintiff. The three main types of torts are negligence, strict liability, and intentional torts

At MacCarthy & Associates we pride ourselves as one of the best law firms for tortuous liability actions in Ghana. Our team of lawyers have extensive knowledge and insight in the law of tort and can successfully mount an action for compensation for our clients.

a. NEGLIGENCE

  • i. Professional/Medical Negligence: Healthcare professionals under law are in a position of trust and owe their patients a duty of care; but sometimes avoidable mistakes happen that directly impact our health; leading to complications, longer recovery times, pain and suffering. If duty of care has been breached or failed, you may be entitled to compensation that can help you on your road to recovery. Examples of medical negligence include:

    • • Poor or incorrect medical advice

    • • Misdiagnosed injuries or illnesses

    • • You are injured whilst in hospital

    • • Delayed diagnosis causing further injury, illness or even death

    • • Pregnancy or birth injuries

    • • Surgical errors

    • • Prescription errors

  • ii. Product Liability

  • iii. Employers’ Liability

  • iv. Vicarious Liability

  • v. Occupiers Liability

b. INTENTIONAL TORTS

e.g. Assault, battery, false imprisonment, Trespass etc

c. DEFAMATION

d. WRONGFUL DEATH