During the tooth extraction process ... and she suffered psychological damage because of her fiancé's abandonment of her

120,000 dirhams, compensation for a girl who suffered jaw paralysis due to a medical error

The Abu Dhabi Court of Appeal has decided to increase the amount of compensation awarded by the court of first instance for a girl from 20 thousand dirhams to 120 thousand dirhams, in compensation for the material and moral damages resulting from a medical error during a tooth extraction procedure that caused her to be completely paralyzed in her left jaw, which resulted in the abandonment Her fiancé about her, what caused her psychological damage.

In the details, an "Arab" girl filed a lawsuit, in which she demanded that a dentist and a medical center be obligated, in solidarity, to pay her an amount of one million dirhams, in compensation for the material and moral damages she suffered as a result of the medical error committed by the doctor (the first defendant), who He works for the medical center (second defendant).

And she indicated that she had undergone a tooth extraction operation inside the medical center, and as a result of a medical error from the doctor, not to make an assessment of the position of the tooth before surgery, she had a permanent disability, which is - according to the forensic report - in the loss of feeling in the oral mucosa and the tongue around the grinding teeth and the lower left cheek. And he made her insensible to anything in her mouth, and made her saliva flowing from her mouth constantly, as well as during speech, which left her paralyzed in her left jaw, and this led to the loss of her job and her fiancé, which affected her psychologically and morally.

While the report of the Supreme Committee for Medical Responsibility indicated that by examining the patient (the plaintiff), the committee did not find any muscle weakness on the left side of the face, or any nerve atrophy, and concluded that the decision to extract the tooth is intact, and complications can occur, and the doctor is attributed not to assess the relationship of the roots of the tooth. In the lower nerve, and the patient was not presented to a neurologist for examination and treatment in a timely manner, except for that, the tooth extraction process and its procedure were sound, according to the approved medical procedures, and the operation did not result in functional disability.

The attorney of the two defendants submitted a memorandum, which included the introduction of an insured company with the center to oblige it to pay the compensation, as the contract stipulates that the company shall bear the claims for compensation for professional errors, while the court of first instance obligated the defendants to pay the plaintiff 20 thousand dirhams, and obligate the insurance company to pay The two defendants receive compensation.

The plaintiff and the defendants did not accept this ruling, so the plaintiff challenged it by appealing, and submitted a memorandum at the end of which she requested to amend the judgment to raise the amount of compensation to one million dirhams, as compensation for material, moral and moral damage. Fourth, judging again by removing them from the case without expenses, and obligating the appellant to pay and attorney fees, while the court decided to join the two appeals together to issue a single judgment.

The Court of Appeal indicated in its ruling that the Criminal Court had previously convicted the defendants (the doctor and the Center), for causing their mistake in injuring the victim, as a result of their negligence and lack of caution, and their breach of what was imposed on them by the principles of their profession, that the first accused did not diagnose the victim's condition in the way he is medically required. As a result, she was injured in the forensic report.

The court pointed out that compensation for moral damage, and the obituary of the victim regarding its inappropriateness to the harm, are appropriate, in addition to that it has proven that the material damage has been achieved, as it reviewed the appellants more than once, and was referred to more than one hospital for examination to verify the injury and its results. And that this took time, which was followed by prolonged cases in the courts, and that what the first instance court estimated for moral compensation does not compensate for this prolonged harm.

The court ruled, firstly, to accept the two appeals in form, and secondly, in the subject matter of the original appeal, to amend the amount awarded to the appellant to become 120,000 dirhams, and to oblige the appellants to meet and the entered opponent (the insurance company) with the expenses of the two appeals.

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