After open heart surgery

Girl accuses hospital of causing her paralysis

The Abu Dhabi Court for Family and Civil and Administrative Claims rejected a compensation claim filed by the guardian of a minor, in which he demanded the assignment of a specialized medical committee to conduct a medical examination on his daughter, and to establish her condition and the condition of the left foot before performing the open-heart operation, and what happened to this foot after the operation, and the court indicated that the lawsuit It was lifted in a way other than that prescribed by law.

In detail, a father filed a lawsuit against a hospital in which he demanded the assignment of a specialized medical committee to conduct a medical examination on his minor daughter, prove her condition and the condition of the left foot before performing the open-heart surgery with the knowledge of the defendant’s doctors, and determine the extent of the health damages she sustained, and her disability as a result of an error. The defendant when performing the operation, and determining the percentage of disability and damages.

In his lawsuit, the father demanded that the hospital (the defendant) be obligated to pay the plaintiff 25,000 dirhams for material and moral damages incurred by the defendant as a result of the defendant’s mistake, in addition to the legal interest at an annual rate of 12% from the date of the judgment until the date of full payment, while preserving the plaintiff’s right to amend The value of the compensation according to the report of the delegated medical committee, including the defendant's fees, expenses and attorney's fees.

The plaintiff indicated that his daughter had a heart disease, and went to the defendant, where the necessary examinations were conducted and her condition diagnosed by the necessity of open-heart surgery for her. The patient’s father” took her out of the hospital until the cause of her disability was known, and after 42 days from the date of the surgery, she was released from the hospital to undergo physiotherapy.

The plaintiff pointed out that after conducting the necessary examinations for his daughter in the physiotherapy department, it was found that she suffers from a severe disability in the left foot, and this situation continued until the beginning of the "Corona" pandemic, forcing them to complete the treatment at their own expense.

The hospital's lawyer (the defendant) submitted a reply memorandum arguing that the case was not accepted, as it was filed against a non-qualified person.

In the rationale for its ruling, the court indicated that it is legally established that compensation claims brought on the grounds of medical liability shall not be accepted until after resorting and being presented to the medical liability committees.

• The court indicated that the lawsuit was filed in a manner other than the way established by law.

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