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The patient initially sought Dh2 million for the mental and material damages he suffered
A patient in Abu Dhabi has filed a lawsuit against his doctor for medical error during an inguinal hernia operation. His Dh250,000 compensation was cancelled on appeal.
The Abu Dhabi Supreme Court has overturned a lower court ruling that directed hospitals and doctors to pay compensation to patients after doctors were convicted of medical errors.
Official court documents say the man has filed a lawsuit against the hospital and the doctors who operated on him, seeking Dh2 million for the mental and material damage he suffered.
He explained in the lawsuit that he was unwell and was admitted to the hospital for inguinal hernia surgery. During the operation, the doctor made a medical error, which was later proved by the report of the Abu Dhabi Medical Accountability Commission.
Both the court of first instance and the court of appeal had earlier ruled that the medical centre, doctors and insurers jointly paid patients Dh250,000 in damages.
The medical center and doctors then appealed to the Supreme Court.
In court, the doctor argued that he had appealed the decision of the Medical Liability Commission. Until then, the complaint was not resolved.
He also said the medical center added insurers to the lawsuit for joint adjudication. Insurance liability limits up to AED 500,000.
After hearing from all parties, the Supreme Court issued a ruling that reversed the earlier decision of the lower court.
In his ruling, the judge said the doctor had earlier appealed the Medical Liability Commission’s report and that the Commission’s report was not final and could not be relied upon in a compensation case until it was final.
The judge noted that the appeals court was required to stay the case pending judgment to dismiss the doctor’s complaint and uphold the Medical Accountability Commission’s report or to deconfirm the defendant’s report of medical error.
Patients are advised to refer their appeal to the competent Court of Appeal for further decision.
The patient was told to pay the defendant’s legal costs.
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