Hospital reported suffering from infectious pulmonary tuberculosis

50 thousand dirhams in compensation for a patient who was isolated for 16 days due to a wrong diagnosis

The Court of Appeal in Abu Dhabi upheld the ruling issued by the Court of First Instance, requiring a hospital to compensate a patient with an amount of 50 thousand dirhams, after being wrongly diagnosed with a chronic infectious disease, which resulted in his isolation for 16 days, and forcing him to a treatment program of eight months, at the rate of 12 pills per day, The court ruled to reject the patient's appeal to increase the amount of compensation, and to reject the corresponding appeal from the hospital to cancel the first-degree ruling.

The plaintiff (the patient) went to the defendant's hospital emergency department, where he was complaining of severe pain in the abdomen, accompanied by fever and cough, and the medical staff diagnosed his condition, and they admitted that he was suffering from infectious pulmonary tuberculosis, which led to his hospitalization and isolation, and during the period of confinement the hospital conducted examinations He was sent abroad, and all the results were negative, and the prosecutor was healthy, so the hospital allowed him to be discharged, and he decided that what he was suffering from was pneumonia, and that he was completely cured of it.

Three days after his discharge from the hospital, the patient received a call from the health authorities, informing him that they had a notification from the defendant hospital stating that he had contagious pulmonary tuberculosis, and a hospital was set for him to review to conduct an examination to confirm the disease.

Upon his arrival at the hospital, he was booked, and sent to another hospital, where he was kept for 10 days in his closed rooms, and the results of the tests were negative, so it was decided to leave him from isolation with his subject to a program of so-called treatment under direct observation, a period of six to eight months, where the patient took treatment Twelve pills per week per day, with a guarantor who acknowledges his commitment to treatment, which led to his material and moral damage, which prompted him to file a lawsuit in order to eliminate compensation for him.

A court of first instance decided to oblige the defendant hospital to pay the plaintiff a material and moral compensation of 50 thousand dirhams, and to oblige the defendants to pay fees and expenses, and if this court did not accept the plaintiff, he filed an appeal, requesting the ruling to cancel the appealed judgment and to amend the amount of compensation awarded, By increasing it, making it equal, covering, and compensating for material and moral damages, the aforementioned judiciary also did not accept the defendant’s hospital, so it filed a cross-appeal, requesting the ruling to cancel the appealed judgment, and the judiciary not accepting the case again, for filing it without having any capacity, and rejecting the case for lack of validity and proof. And obligating the respondent to pay fees, expenses and attorneys' fees.

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