The court found the doctor and the hospital guilty of negligence and failure to diagnose

Half a million dirhams in compensation for a couple who lost their fetus due to a medical error

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A total civil court in Ras al-Khaimah has ruled half a million dirhams in compensation to a woman and her husband (two Arabs), after the mother lost their fetus as a result of a medical error committed by a doctor in a private hospital, and the court obliged the defendants to pay the doctor and the hospital to pay 350 thousand dirhams, jointly in compensation to the plaintiff, and 150 thousand dirhams Moral compensation for her husband, being an intervening litigant in the lawsuit.

In detail, the woman filed a lawsuit demanding that the defendants pay her the compensation estimated by the court for the material and moral damages she suffered as a result of the death of her fetus, as a result of a medical error committed by the doctor, which led to the death of the fetus, according to the report issued by a private hospital in Ajman.

The case papers indicated that the woman felt her first pregnancy, and went to a private hospital to conduct the necessary tests, and a consultant obstetrician and gynecologist took care of her pregnancy, and booked her in the hospital, after the examination results showed that the plaintiff had blood sugar.

She added that the plaintiff told the doctor that her parents suffer from high blood sugar, but she did not take the necessary measures or refer her to the endocrinologist and diabetes, and decided that the high blood sugar level did not represent a problem for her health, as the woman requested a urine test for blood sugar, but the doctor refused It was decided that there was no need for the analysis, which led to a very high blood sugar in the woman.

She indicated that after her insistence, the examination was conducted, and it was found that the sugar level was very high, and the doctor and the hospital did not inform the plaintiff of the results of the analysis, which led to her suffering from severe headache and swelling in the feet, and went to the emergency department, and was presented to a diabetes specialist, and given a dose of insulin And Glucophage, where she continued to receive the medicine until the end of her pregnancy.

The case papers stated that, after two months had passed, an ultrasound scan was performed, and the woman was informed that the fetus was in good condition, but when a cesarean delivery was performed on the specified date, she was informed that the fetus had died, and as a result the plaintiff refused to perform the cesarean section in the hospital, and requested her transfer to Another hospital.

She explained that the Ministry of Health was addressed to conduct an investigation into the medical error, as a responsible medical committee was formed, and its report showed that the plaintiff was suffering from gestational diabetes, and he was diagnosed in the advanced stages of pregnancy, and that it was necessary for the doctor to enter the hospital to monitor the sugar level.

The report indicated that women were not dealt with according to recognized medical and scientific principles, and there is a medical error, due to lack of necessary care, negligence, negligence and delay in diagnosis, and unjustified delay in providing treatment, and failure to monitor complications resulting from medical or surgical treatment, And the lack of accurate documentation in the medical record, and it was stated that the patient had suffered some kind of damage, the type of which was the death of her fully developed fetus in the ninth month, and that it was possible to avoid the death of the fetus and take the necessary precautions.

In the statement of its judgment, the court stated that it is established in the report of the Medical Liability Committee that the error of the first defendant occurred while performing her duties, and that there were administrative errors attributed to the second defendant, which directly contributed to the occurrence of the medical error, which resulted in the damage.

She indicated that the physical damage that occurred to the plaintiff represented in the pain of pregnancy for a period of nine months, and she lost her pregnancy, underwent surgery, and mourned the missed opportunity to give birth to her child alive, and the resulting deprivation of motherhood feelings, and her sadness at the loss of it.

The court decided to oblige the defendants the doctor and the hospital to pay the woman 350 thousand dirhams in solidarity compensation between them, since their responsibility is the same, which is the violation of the law, and to pay in solidarity between them to the plaintiff’s husband 150 thousand dirhams in compensation for the damages suffered by him from grief and the loss of the opportunity to give birth to his expected child, as it obliged them. Expenses and attorney fees.

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