Tort Liability Actions

A tort is a civil wrong committed against another person, for which the injured party may sue for damages. In personal injury cases, the injured party seeks compensation to cover losses arising from medical expenses and other related damages.

Tort law determines whether a person may be held legally responsible for injury caused to another, and the type of compensation or damages to which the injured party may be entitled. To succeed in a claim for damages, there must be a breach of a duty of care owed by the defendant to the plaintiff, which results in injury. The three main categories of torts are negligence, strict liability, and intentional torts.

At MacCarthy & Associates, we pride ourselves on being one of the leading law firms for tortious liability actions in Ghana. Our team of lawyers has extensive knowledge and insight into the law of tort and is well equipped to successfully pursue compensation on behalf of our clients.

A. Negligence

i. Professional / Medical Negligence

Healthcare professionals are placed in positions of trust and owe their patients a duty of care. However, avoidable mistakes can occur, sometimes with serious consequences for a patient’s health, leading to complications, prolonged recovery, pain, and suffering. Where a duty of care has been breached, you may be entitled to compensation to support your recovery.

Examples of medical negligence include:

• Poor or incorrect medical advice
• Misdiagnosis of injuries or illnesses
• Injuries sustained whilst in hospital
• Delayed diagnosis resulting in further injury, illness, or death
• Pregnancy or birth-related injuries
• Surgical errors
• Prescription errors

ii. Product Liability

iii. Employers’ Liability

iv. Vicarious Liability

v. Occupiers’ Liability

B. Intentional Torts

Including assault, battery, false imprisonment, trespass, and related claims.

C. Defamation

D. Wrongful Death