He was crushed by a car door and she underwent two wrong surgeries

An employee receives 60 thousand dirhams in compensation for a “finger”

Dubai Appeal reduced the compensation from 100,000 dirhams to 60,000 dirhams.

Photography: Patrick Castillo

The Dubai Civil Court of Appeal decided to amend the amount of compensation awarded by the Court of First Instance, and reduce it from 100,000 dirhams to 60,000 dirhams in favor of an employee who suffered a complete stiffness in her ring finger, which made her unable to practice her work as a result of a medical error that was proven by the medical responsibility committee delegated by the court and approved by a higher committee It concluded that the patient underwent two non-recommended surgeries.

Regarding the details of the case, according to the merits of the ruling, the employee went to a private hospital for treatment of a fracture in the right ring finger as a result of crushing it in the car door, and she was treated conservatively, although 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 to improve.

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 (the sixth defendant in the case) 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 the Dubai Health Authority against the three defendant hospitals: the first, third and fourth, 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 her 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 was unable to use it in her work on the computer in the bank where she works, which requires normal movement of all fingers.

For his part, the hospital and its affiliated clinic, in which the first precautionary treatment was performed, submitted a defense memorandum requesting that the lawsuit be filed against a non-qualified person, and the court ended with disclaiming the responsibility of this hospital for not performing either of the two surgeries in it.

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.

The Court of First Instance ended by obligating them to compensate 100,000 dirhams in favor of the plaintiff, with a legal interest of 5% from the date of the judgment becoming final, and obligated them to pay fees and expenses.

For their part, the first doctor and the hospital in which he works appealed the ruling before the Court of Appeal, demanding that the plaintiff be resubmitted to a medical committee and re-report the report again. material and moral, and also demanded an increase in the interest rate to 9%.

After examining the appeals submitted to it, the Court of Appeal decided to amend the amount of compensation from 100,000 dirhams to 60,000 dirhams, and supported anything else, rejecting the appeal submitted by the employee.

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