The Court of Cassation upheld the dismissal of the case

A patient requests compensation for a mistake in a lower back surgery

The Abu Dhabi Court of Cassation upheld an appeals ruling rejecting a compensation lawsuit filed by a woman against a doctor and a hospital, and the court affirmed in the merits of the ruling that the judiciary to reject temporary compensation before the Criminal Court for the absence of tort is an obstacle to claiming another compensation on the same basis before the Civil Court.

In the details, a patient filed a lawsuit against a doctor and a hospital, requesting the ruling to delegate a specialized medical committee to sign a medical examination on her and explain the medical error caused by the first defendant, while obliging him and the hospital to the second defendant with the results of the report, indicating that the doctor performed three operations on her Lumbar surgery in the hospital, and examinations from a hospital outside the country proved that the doctor was wrong in conducting the operation.

The court of first instance ruled that the case was rejected by the hospital, and that it was not permissible for the doctor to hear it due to the previous decision in the civil prosecution of the criminal judgment, and the patient appealed this ruling to the Abu Dhabi Court of Appeal, and the court ruled rejecting the appeal and upholding the appealed ruling, so it challenged the judgment by way of cassation.

The appellant denounced the judgment as a mistake in the application of the law and its interpretation, a breach of the documents and a breach of the right of defense, indicating that the judgment did not answer her request to delegate a medical committee to explain the harm caused to her by the doctor’s error and the percentage of disability and the assessment of the compensation due to her from him. He ruled that the latter was innocent of the accusation against him and his claim was rejected by a civilian before him.

The Court of Cassation confirmed in the merits of the ruling, that the judiciary to reject temporary compensation before the Criminal Court for the absence of tort, prevents it from claiming another compensation on the same basis before the civil court, indicating that the Criminal Court had ruled that the doctor acquitted the doctor of the accusation against him on the basis of the absence of criminal responsibility and the lack of evidence. Before him, taking into account what was stated in the report of the Supreme Committee for Medical Liability that the treatment method he followed was consistent with the recognized medical principles, and it also decided to reject the civil lawsuit filed according to the criminal case, and the court ruled rejecting the appeal and obligated the appellant to pay the fee and expenses and an amount of one thousand dirhams in return for attorney fees for the respondents.

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