The Federal Supreme Court overturned an appeal verdict in favor of the father of a child, who suffered a medical error, with a compensation of 3.8 million dirhams, which referred the case to the Court of Appeal for further consideration, in light of the non-compliance with the verdict that the woman's blood is half of the blood of men, Dhikr.
In detail, the parents of a minor girl filed a civil lawsuit against the defendants, doctors and hospital, seeking to compel them, as a solidarity, to pay the injured father's material and moral compensation of eight million dirhams, for the injuries suffered by his daughter as a result of medical failure, and 1 million dirhams for personal injury in The girl's mother has one million dirhams for the harm she suffered and hurt myself for her daughter.
The two plaintiffs said that «their daughter was complaining of shortness of breath, and entered the emergency room in a hospital, and after taking treatment deteriorated her condition, and was admitted to intensive care, and then gave her a bathroom worker, in violation of standard procedures, as she is not eligible for this, and the girl stopped The movement and heart rate decreased, and began the process of resuscitation by specialists, and was rescued after the call of a doctor, and then exposed to the role of spasm and was transferred to a government hospital ».
The Higher Committee for Medical Responsibility concluded that the child suffered spastic paralysis of the upper and lower extremities, loss of mental and mental abilities and speech, and the ability to see, swallow and control defecation, and will continue to require medical and nursing care throughout her life, and permanent facilities.
The two plaintiffs said they were "severely affected by the damage done to their daughter and are certain that she will remain bedridden throughout her life."
The Court of First Instance ordered the defendants to pay solidarity to the plaintiff's daughter in the amount of 3.2 million dirhams, and each of her parents moral compensation of 500 thousand dirhams.
The second instance court decided to return the commission to the High Medical Responsibility Committee, which was reassigned to the court of first instance to re-examine the injured. After completing its report and commenting on it from the parties to the case, the court ruled that the defendants, including the insurance company, be jointly obliged to perform the child's guardian's sum. AED 3.8 million
This judiciary did not receive acceptance with the defendants, and they challenged it before the Federal Supreme Court, on the basis that the ruling violated the law in its application, because it did not observe the provisions of Islamic law on the blood money of women legally due, whether self-friendly or below, as the follower Follow-up and not unique by virtue, so the blood money below the self similar to his self in terms of merit, full or equal, and as long as the verdict spent the full beginnings of the injured girl without taking into account the provisions prescribed by law for women, estimated at half of the blood money of men, it has erred in the application of the law What needs to be reversed.
The Federal Supreme Court upheld this appeal, explaining that injuries sustained by the human body are entitled, in accordance with the provisions of Islamic Sharia, to blood money when souls are lost or the meanings of organs are gone, and in some cases arches are worthy of harm under the self, such as the expression of the parties or their meanings with the survival of their objects. , As well as head and face incisions and some wounds
It is also planned that if the female is infected without the self, it is considered arches below the self, such as her, less or more, when the general scholars and all companions, and the provisions of Islamic law showed that scholars have agreed that the woman's blood is half the blood of men, The appeal judgment did not adhere to this consideration, and considered the blood money of the injured, a female, similar to the male, based on a recommendation according to which the dispute over equality in blood money between men and women so far, has violated the provisions of Islamic law and erred in the application of the law in this regard, Revoke it with a referral, and it is not necessary to discuss the rest of the evidence.
The Court of Appeal ruled 3.8 million dirhams for the girl.