After open heart surgery

Girl accuses hospital of paralyzing her left foot

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 the details, a father filed a lawsuit against a hospital in which he demanded that the lawsuit be accepted in form. Before deciding on the matter, a specialized medical committee was delegated to conduct a medical examination on his minor daughter, establish her condition and the condition of her left foot before performing an open-heart surgery with the knowledge of the defendant’s doctors, and determine the extent of the health damages incurred The plaintiff and her disability as a result of the defendant’s mistake when performing the operation, and determining the percentage of disability and damages.

In his lawsuit, the father demanded, in terms of the merits, that the defendant be obligated to pay the plaintiff an amount of 25 thousand dirhams for the material and moral damages incurred by the plaintiff 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 In adjusting the value of compensation according to what the delegated medical committee report will conclude, with 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 tests were conducted and her condition was diagnosed by the necessity of open heart surgery for her, and after the operation, he was surprised by the presence of serious complications in his daughter's left foot to the extent that the left foot was completely paralyzed, and the plaintiff refused. “The patient’s father” took her out of the hospital until the cause of her disability was known, and she was not suffering from any pain or shortcomings before the open heart operation, and after 42 days from the date of the surgery she spent in the hospital, she was released from the hospital to perform 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, in specialized health centers.

He confirmed that his daughter was not suffering from any pain in her left foot before the operation, but she suffered immediately after the surgery from a complete disability in her left foot as a result of the medical error that the defendant's doctors made, which caused the claimant's disability with her left foot, while the hospital's attorney presented the plaintiff It has a reply memorandum arguing that the case was not accepted for filing it on 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 are only accepted after resorting to and being presented to the medical liability committees.

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