The "appeal" upheld the dismissal of the case

A woman requests 5 million dirhams in compensation for the doctor's refusal to give birth by caesarean section

The Court of Appeal upheld a judgment of the Court of First Instance, which ruled that a lawsuit filed by a woman against a hospital and a doctor, requesting her to be presented to a medical committee, to determine the damages she suffered during her normal delivery, the court of appeal rejected the appellant’s request by ruling her to compensate Jaber for damages in the amount of five million dirhams, and ruled rejecting the case , And upheld the appealed ruling, and obligated the appellant to pay the expenses.

In the details, a woman filed a lawsuit against a hospital and an obstetrician-gynecologist, in which she requested the delegation of the Supreme Committee for Medical Liability, to assess the damages that resulted from the medical error and the damage that occurred to her, determine the percentage of disability suffered, and preserve her right to amend her requests in light of the findings of the report Medical Committee.

She indicated that she was six months pregnant, and she had an ultrasound examination, and it was diagnosed that the fetus suffers from a congenital heart defect, and she was transferred to the hospital, the first defendant, and she began following the pregnancy from the 31st week of pregnancy, and that she asked the treating doctor, the defendant She had to undergo a caesarean section because of the health of the fetus, but she refused, arguing that the reason was not convincing for a cesarean delivery, and she insisted that a normal delivery take place, and during the delivery of her son she suffered injuries as a result of her delivery, and she went to the hospital for treatment, and she is still suffering, and caused her damage Moral and psychological.

The report of the Supreme Committee for Medical Liability affirmed that the measures taken against the plaintiff are correct, and there is no medical error on the part of the defendants, and lacerations in the perineal region are among the complications that are known to occur with the presence of circumcision and childbirth, especially when using forceps, and these tears cause a vaginal-rectal fistula that needs To a surgical repair, and a court of first instance ruled the end of the case and obligated the plaintiff to pay the fees.

This court did not accept the plaintiff’s approval, so she challenged the judgment before the appeal, and demanded the cancellation of the appealed judgment, the return of the case to the court of first instance, and precautionary measure to address its topic, and the judgment again by neglecting the initial report and returning it to the Supreme Committee to reconsider the matter, and as a precaution, the appellant estimates the compensation for damages by an amount of Five million dirhams.

In its ruling, published on the official website of the Abu Dhabi Judicial Department, the Court of Appeal clarified that the appellant did not ask the court of first instance except for the judgment to delegate the Supreme Committee for Medical Liability to assess the damages that resulted from the medical error, and the causal relationship between the error and the damage, and to submit a reasoned report, based on what has been proven It has after examining the plaintiff’s condition, examining her medical file, and determining the percentage of disability that was caused to her as a result of the defendants ’actions. There has been no change to these requests after the committee deposited its report, and then her claim is in accordance with her final requests before a court of first instance, which are submitted to a court The appeal is the case for proving the case, and the court decided to accept the appeal in terms of its rejection, and upheld the appealed judgment and obligated the appellant to pay the expenses.

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