The result of a doctor's mistake in treating a fracture of the palm

50 thousand dirhams compensation for a woman who injured her finger

The Court of Appeal amended a ruling of the Court of First Instance requiring a hospital and a doctor to pay a (Gulf) woman an amount of 25,000 dirhams, as compensation for a medical error during the treatment of a broken finger in her hand, which required surgery to correct the curvature, and the court decided to increase the amount of compensation to 50 thousand dirhams.

In the details, a woman filed a lawsuit against a hospital and a doctor, in which she demanded that they pay her compensation for the material, moral and psychological damage and the damages that occurred to her, in the amount of 300 thousand dirhams, indicating that she was subjected to a medical error at the hands of the doctor during a cuff operation to treat a fracture of the fifth finger in the hand Left, where the position of the fracture was not modified, which led to its curvature, and it was necessary to correct it, adding that she took 31 days of sick leave.

The report of the forensic doctor delegated from the court showed that the treatment of the fracture was by restoration and putting on a cast, and it was found that the position of the fracture was not sufficiently modified as the bones moved, which led to a curvature of the fifth finger, which required corrective surgery in another hospital, to fix the fracture with metal wires. They were removed later, and the fracture was well fused and cured without permanent disability or permanent disability.

While the two defendants were punished by a request to reject the case, and the plaintiff requested a judgment of the amount required in her lawsuit and an interest on him at the rate of 9%, and the court of first instance ordered the two defendants to pay the plaintiff an amount of 25 thousand dirhams, as compensation for the moral damages incurred by her, while charging the defendants with fees. And expenses.

The plaintiff did not accept this court and appealed it, denouncing the verdict for violating the established documents due to the lack of compensation and its insignificance, and its inadequacy for the damages suffered, as it remained for nearly a year in treatment of pain, and frequenting hospitals and physiotherapy sessions.

While the appellants indicated that the reports did not mention permanent disability, and that the pain and treatment that took a year was not valid, as the treatment took 46 days, and that there was no permanent disability or disfigurement, and that the expenses on imposing their health did not justify the ruling for compensation in proportion to these expenses, especially that Appellant failed to prove the damage.

The court stated that what is proven from the report of the Medical Liability Committee is that the time difference between performing the first operation, which is the subject of the medical error, and correcting it at another hospital, is 46 days, and that the pain and review by the appellant were during this period, and the review was on a weekly basis.

She added that the report showed a linear surgical scar, not protruding from the skin, three centimeters long, with swelling in the little finger of the left hand, indicating pain in that area associated with swelling, and the court ruled to amend the appealed judgment, and make the compensation amount 50 thousand dirhams, And upholding the appealed judgment in other than that, and obligated the appellants to pay the expenses.


plaintiff filed a lawsuit against a hospital and a doctor, demanding compensation of 300,000 dirhams.

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