They caused a testicular atrophy in an infant

Obligating a hospital and a doctor to pay 300,000 dirhams in compensation for a wrong diagnosis

The court stated that the hospital had effective authority over the doctor in supervision and direction.

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The Abu Dhabi Family and Civil and Administrative Cases Court ordered a private hospital and a pediatrician to pay the father of an infant (in his capacity as the guardian for his minor son) an amount of 300,000 dirhams, as compensation for the wrong diagnosis, which resulted in medical negligence, which led to the infant’s injury with testicular atrophy.

In detail, the father of a child filed a lawsuit, in which he demanded to compel a hospital and a doctor to pay him two million dirhams in solidarity with the delayed interest, at a rate of 12% from the date of filing the lawsuit until full payment, as compensation for the material and moral damages that he and his little one sustained as a result of the mistake of the second defendant affiliated with for the first defendant, in addition to obligating the defendants to pay expenses, fees, and attorney fees.

He indicated that he went with his young son (six months) to the defendant hospital, where he was suffering from swelling in the left testicle, and met with the second defendant, who works as a doctor, where he conducted an examination and diagnosis as a left inguinal hernia, and then transferred him to the pediatric surgery clinic.

The plaintiff indicated that he was not satisfied with the diagnosis, so he went on the same day to the emergency department of a government hospital, and requested an examination of his child, who had been suffering from swelling and redness in the left testicle for eight hours, and an ultrasound examination showed a torsion of the left testicle. Undoing the torsion of the left testicle, and fixing the right testicle as a preventive measure, and the mistake of the second defendant of the first defendant was proven, according to the report of the Medical Liability Committee, while the lawyer for the two defendants submitted a reply memorandum, in which he concluded that the case was not accepted, due to the failure to submit a mediation and conciliation statement. The case was dismissed for lack of validity and substantiation.

The court stated that the evidence from the report of the Medical Liability Committee was that the care provided to the patient in the defendant hospital was not in accordance with the generally accepted medical standards, and the doctor had to perform an urgent ultrasound examination, or refer the patient immediately, and ensure that he was examined by a specialist in pediatric surgery before being discharged From the hospital, instead of being routinely transferred to the pediatric surgery clinic, which delayed the diagnosis of left testicular torsion, and delayed urgent surgery to try to save the testicle.

The report stressed that the case of testicular torsion is considered an emergency situation, which calls for speedy diagnosis and treatment, in order to avoid an interruption of testicular perfusion for more than eight hours, and thus to avoid the occurrence of testicular atrophy. Medical error on the doctor, for not distinguishing the case of testicular torsion, which led to the delay in surgical intervention, and contributed to the atrophy of the testicle.

The court indicated that the defendant hospital had actual authority over the second defendant doctor in supervision and direction, and in view of the illegal act, where this job was created for him to carry out that act, and then he is jointly liable with the subordinate to pay compensation.

The court ruled to obligate the two defendants to jointly pay the plaintiff - as a guardian for his minor son - an amount of 300,000 dirhams, as compensation for material and moral damages, with the defendants bearing fees and expenses.

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