Abu Dhabi Primary School has ruled that the case ends, as the case has not been proven

The father of a baby girl accuses a hospital of making a medical mistake when she was born

The Abu Dhabi Court of First Instance ruled that the case for establishing a case filed by the father of a child, and a government hospital and the medical staff in it, filed a lawsuit, to determine the damage caused to his child as a result of a medical error during her birth.

In the details, a father filed a lawsuit against a hospital and a doctor, seeking at its conclusion to present his newborn child to a specialized medical committee to determine the damages suffered by the defendants, preserving his right to adequate compensation for the damage, and obliging the defendants to pay fees and expenses, indicating that he had admitted his wife to a hospital, After the tests were performed, the mother and fetus were in good health, but the fetus (his daughter) was exposed after birth to encephalopathy and a small blood infarction in the cerebral cortex from the left side of the cerebral lobe, pneumonia, and low blood pressure, and she was exposed to blood extraction from the anus, then it was decided to conduct An operation to open her stomach, which caused great harm to her, and attached to his claim a copy of the child's birth certificate and a copy of a medical report.

During the handling of the case, the defendant’s attorney demanded that the case be rejected for violating the provisions of the law, for not following the legal form drawn up by the law, and for the father to charge fees and expenses and in return for attorneys ’fees, stressing that he did not go to the correct way in filing his lawsuit by heading to the Supreme Committee for Medical Liability in Abu Dhabi, as his purpose From the lawsuit, compensation for the medical error, in return, the plaintiff father confirmed the validity of his claim.

The father asked the court to correct the form of the case to be filed by him in his capacity as the natural guardian of his minor daughter, and after the Public Prosecution notified the presence of a minor in the case, the court ruled in attendance to delegate the Supreme Committee for Medical Liability, as the committee's report confirmed that there was no indication of a medical error. And that the health care provided to both the child and her mother by the medical team at the defendant hospital was in compliance with the generally accepted medical standards, and that the curative and surgical services the child received were in line with generally accepted medical standards, and after the issuance of the report, the plaintiff requested that his daughter be reintroduced, once again. , On the commission.

For its part, the court affirmed in the merits of its judgment that the expert’s report is merely evidence from the evidence that the litigant relies on in his defense before the court, and that the court may take it all or part of it or raise it or assign another expert to carry out the same task performed by the delegated expert in the case of proving the case. , Which are considered expired as soon as the expert filed his report, and the court ruled in attendance that the lawsuit was terminated and postponed the decision on fees and expenses until a judgment is issued ending the litigation.

• “Medical Responsibility” confirmed that the medical care provided is in compliance with the generally accepted standards.

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