The court suspended the case pending the decision of the “Medical Liability” committee

A medical error in removing the adenoids blinds a young engineer

The Abu Dhabi Court for Family and Civil and Administrative Claims decided to suspend the settlement of a compensation suit, brought by a young electrical engineer, against a hospital and a nose and ear doctor who caused blindness in his right eye as a result of a medical error during an endoscopic sinus operation, and the court decided to suspend the case pending submission of what was done. In the grievance request submitted to the Higher Committee for Medical Liability.

In the details, a young electrical engineer filed a lawsuit against a hospital and an ear and nose doctor, in which he demanded that they jointly pay him four million dirhams in compensation for the material and moral damages he sustained as a result of the defendants’ mistake, while obligating them to pay fees and expenses and in return for attorney’s fees, noting that He went to the hospital for his review regarding a complaint of nasal obstruction, sinus infections and obstructive sleep apnea, and was referred to an otolaryngologist (the second defendant), and his condition was evaluated and he recommended endoscopic sinus surgery, adenoidectomy, and repair of the nasal septum.

The young man explained that after the operation, he noticed swelling and bruising in the right eyelid and double vision, and an examination was conducted and it was found that the vision is healthy and it was recommended that the plaintiff be removed from the hospital the next morning without being presented to a specialized eye doctor, pointing out that after three days the doctor visited the second defendant again, and he By referring him to an ophthalmologist, it was found that he lost his sight three days ago, immediately after undergoing a sinus operation.

The young man indicated that the ophthalmologist discovered hemorrhage in the conjunctiva and paralysis of the external muscles of the right eye, and magnetic imaging showed injury to the medial wall of the right eye socket with an inflamed blood pool inside the eye socket. Pressure on the optic nerve with a recommendation to refer it to a specialized eye hospital.

He added that his condition was evaluated by the emergency doctor in a specialized hospital, and he concluded that the surgical intervention was futile at this time due to the complete loss of sight in the right eye, due to the damage to the optic nerve as a result of pressure on it from the blood pool that occurred in the eye socket for a period exceeding 48 hour.

The young man added that he lost his sight in the right eye as a result of the defendants' negligence and error, and there is no treatment for him. 15,000 dirhams, which prompted him to file a lawsuit and submit medical reports issued by hospitals in the country.

While the defendants’ lawyer submitted a reply memorandum in which he ended up addressing the Higher Committee for Medical Liability regarding submitting a complaint to the Medical Liability Committee, and not accepting the case for filing it prematurely or suspending it pending the issuance of the decision of the Higher Committee for Medical Liability, and rejecting the case for lack of validity and substantiation.

For its part, the court stated in the merits of the ruling, that the young man is asking the defendants for compensation for the medical error, which is established according to the report of the Medical Liability Committee, noting that it is established in the papers that the report of the Medical Liability Committee was challenged by the defendants, which must stop the adjudication of the case. Until a decision is issued regarding the grievance submitted by the defendants, whether by rejection, cancellation or amendment.

The court indicated that the decision of the grievance may affect the issuance of the court’s decision in the event of cancellation or amendment, what the court considers to stop the case pending submission of what was done before the Supreme Committee for Medical Liability for the lack of conflict of judgments in the case of cancellation or amendment, and the court decided to suspend the case pending until Submit what has been done in the application submitted to the Higher Committee for Medical Liability, while deferring a decision on the expenses.

• The young man suffered a complete loss of sight in the right eye, which led to the termination of his services from work.

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