A woman is suing a hospital and a doctor for posting a video of her birth on Instagram
A woman filed a lawsuit before the Al Ain Court of First Instance, in which she demanded that a hospital and an obstetrician who works in it, jointly or severally, be obligated to pay her a compulsory compensation of 50 thousand dirhams, in addition to fees and expenses and in return for attorney’s fees, for the material, moral and moral damage that occurred to her as a result of publishing Videos of her on the “Instagram” platform, during a childbirth operation that she performed, by the doctor who performed the operation on her (the second defendant), without her time to publish these videos.
The plaintiff confirmed that the publication of these videos caused her several damages, severe enough to file a lawsuit with the aforementioned requests.
The case was deliberated at the beginning before the case management office, in which the plaintiff’s attorney was prepared, and the representative of the first defendant (the hospital) was prepared, and the second defendant attended in person (the doctor) through one of the programs designated for that, and the attendant submitted on behalf of the first defendant a reply memorandum to the case, a request At its conclusion, the case was dismissed and the plaintiff was obligated to pay the fees and expenses and in return for the attorney’s fees, while the attendant submitted on behalf of the plaintiff a commentary memorandum on the case, at the end of which he repeated his previous requests, attached to them, because documents were reviewed by the court. At its conclusion, he asked to dismiss the case and oblige the plaintiff to pay fees, expenses, and attorney's fees.
The court mentioned the plaintiff’s request to oblige the first and second defendant, jointly or severally, to pay the plaintiff compensation for material, moral and moral damage in the amount of 50 thousand dirhams, based on the fact that the second defendant published pictures of the currency that was made to her inside the hospital of the first defendant without Her approval and permission for them to film, it is decided that liability - whether it is contractual or tortious - can only be achieved with the availability of its three pillars of error, damage, and a causal relationship linking them, so that if one of them is absent, liability is also negated. Its negation is one of the issues of reality that fall within the jurisdiction of the subject matter court without commenting on it as long as it is justifiably extracted.
And she explained that since the incident for which the plaintiff is asking the defendants for compensation, she did not provide conclusive evidence and documents indicating fabrication by the defendants, as she did not provide anything indicating that these pictures belonged to her, nor did she provide anything indicating the existence of a criminal judgment condemning the two defendants for The filming incident is the act for which compensation is claimed, and then it is not possible to definitively verify the element of error on the part of the two defendants until the rest of the elements of tort liability are examined, and with the collapse of the element of error, the rest of the elements of responsibility collapse with it, and her request for this has come without a valid support from reality and law The court shall dismiss the case and oblige the plaintiff to pay the expenses.
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