Two unrecommended surgeries caused her "stiff finger"
100,000 dirhams in compensation to a banker because of a “finger”
Lawyer Muhammad Al-Najjar: “The report of the Liability Committee and the Higher Committee for Medical Liability regarding the medical error is true to the law.”
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The Dubai Civil Court of First Instance ruled to compel two (private) hospitals and two surgeons working in them to pay a financial compensation of 100,000 dirhams to an employee in a bank as a result of a medical error that caused her ring finger to become completely stiff and unable to perform her work, after the report of the Medical Liability Committee, which The Higher Committee for Medical Liability endorsed him for a professional error in performing two unrecommended surgeries for the patient.
According to the case papers and the merits of the ruling, the employee went to a private hospital to be treated for a fracture in the right ring finger as a result of crushing it in the car door, and she was treated conservatively despite the fact that the x-rays showed a fracture, and she continued to follow up with the same hospital more than once over a period of 17 days without improvement .
Later, she went to an orthopedic specialist (Arab) in another hospital, who advised her to undergo a corrective surgery for the fracture. The surgery was performed a month after the injury, but her condition did not improve, but rather a stiff finger. About two months after the injury, a doctor (Asian) in a third hospital performed a corrective operation for the fracture and replaced the nails and released the extensor tendon, but this led to an increase in the stiffness of her finger and the inability to move the hand normally at work, which prompted her to file a complaint with Dubai Health Authority, against the three hospitals in addition to the two doctors who performed the surgery.
After considering the complaint by the authority, the Medical Liability Committee concluded that there was an error on the part of the doctor who performed the first surgery, and the orthopedic specialist who performed the second surgery.
The Higher Committee for Medical Responsibility concluded in its report after examining the patient that performing the first surgery a month after the fracture caused her finger to stiffen, and that the second surgical intervention two months after the injury led to an increase in the rate of stiffness.
The committee considered that continuing to treat the fracture conservatively for a longer period would have led to a better result, pointing out that there was a small medical error by the first doctor as well as by the second, as the surgery after a month as well as two months is not recommended, and the patient presented the finger stiffness Until she is unable to use it for her work on the computer in the bank which requires normal movement of all fingers.
For its part, the hospital and its affiliated clinic, in which the first precautionary treatment was performed, submitted a defense memorandum requesting that the case be not accepted, as it was filed against a non-qualified person.
While the first doctor and the hospital in which he works, and the second doctor and the hospital in which he works submitted two memoranda calling for the dismissal of the case.
For his part, the legal representative of the employee, lawyer Muhammad Al-Najjar, in his comment on the report of the Liability Committee and the Higher Committee for Medical Liability, confirmed that he was correct in the law, and the procedures that the doctor is supposed to take in the case of the plaintiff, and the error committed in the diagnosis and treatment, were clarified.
He explained that establishing the error on the doctor places the responsibility on the hospital in which he works by virtue of the responsibility of his subordinate, and according to Article 18 of Federal Decree Law No. 4 of 2016 regarding medical liability, compensation claims that are filed because of medical liability are not accepted until after resorting and submission to the liability committees. Medical Center, demanding compensation of 400,000 dirhams and interest of 9%.
After examining the memoranda, pleas and the report of the two committees, the court concluded that the two doctors and the two hospitals they work were responsible for and obligated her to pay 100,000 dirhams for the employee, and an annual legal interest of 5% from the date of the final judgment becoming final until full payment.
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