The "cassation" supports a doctor's innocence of the error in 3 surgeries

The Court of Cassation in Abu Dhabi upheld an appeals ruling rejecting a patient’s case that demanded that a specialized medical committee be delegated to sign a medical examination on her, and a medical error caused by a doctor who performed three surgeries for her. Proved against the doctor.

In details, a patient filed a lawsuit against a doctor and a hospital, in which she demanded the verdict to delegate a specialized medical committee to sign a medical examination on her, and to explain the medical error caused by the doctor, while obliging him and the hospital to the results of the report.

She indicated that the doctor performed three surgeries in the lower back area for her inside the hospital, and another hospital examinations proved the doctor who performed the surgeries wrong, so she filed the case.

A court of first instance ruled that the case was rejected by the hospital, and that it was not permissible for the doctor to hear it in relation to the previous decision in a civil claim by a criminal judgment.

The patient asserted in her appeal against the ruling that he had made a mistake in applying the law, because it relied on the criminal judgment that ruled the doctor’s innocence, and rejected her civil claim against him, noting that the Higher Committee for Medical Responsibility proved the doctor’s error and his failure to address the complications of the first operation and its delay, which led to adverse results. In addition to proving that the doctor has disciplined this mistake by the competent authorities, confirming that requesting the delegation of medical expertise is the only way to prove the doctor’s error.

The Court of Cassation clarified in its ruling that the Public Prosecution had assigned to the doctor that he caused his mistake to injure the patient as a result of his negligence, lack of caution, and his breach of what was imposed on him by the principles of his profession, and the criminal court ruled that the doctor acquitted the doctor on a document of the absence of criminal responsibility and the failure to prove it before him.

The court pointed out that the report of the Supreme Committee for Medical Liability made it clear that the method of treatment that it followed was consistent with the recognized medical principles, and it also ruled to reject the civil lawsuit filed according to the criminal case, after it denied the doctor's negligent error, and then its judgment in this regard has become final. And it is an evidence against the appellant, and he refrains from claiming compensation for the same incident before the civil court, and the court ruled to reject the patient’s appeal, and obligated her to pay the fees and expenses, and an amount of 1000 dirhams in exchange for attorneys' fees for the doctor and the hospital, along with confiscation of insurance.

The court ruled rejecting the patient's appeal, and required the fee, fees and 1000 dirhams.

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