Woman gets 500,000 Dhs for medical error

The photo has been used for illustration purposes.

Aya Al Deeb, Journalist

The Abu Dhabi Court of Appeal ruled that the amount of compensation awarded to a patient was increased from 300,000 Dhs to 500,000 Dhs due to the damage she had suffered due to a medical error committed during from surgery she had to treat constipation.

The case dates back to a lawsuit the patient brought against a hospital and a doctor in which she asked the court to make them pay Dhs 7 million plus interest on arrears of 12%. The patient explained that she suffered from constipation and difficult bowel movements, adding that based on her tests, the hospital recommended that she undergo surgery.

She visited the doctor (second defendant), who worked for the hospital, who confirmed the need for surgery.

She explained that she had had the operation but subsequently suffered from multiple complications.

She went to another hospital and had another operation to correct the medical error that occurred during the first operation, she added, noting that the first hospital performed an unwanted operation, which resulted in many significant damage.

The court instructed the Higher Medical Liability Committee to explain the error made by the patient.

The panel concluded that a medical error had occurred during an unwanted surgery on the claimant which resulted in multiple complications.

As the hospital objected to the report, the court again referred the case to the expert. The commission’s additional report confirmed the medical error made by the attending physician. The unwanted surgery caused damage to the abdominal wall and internal anal sphincter by 50 percent.

The court of first instance decided that the doctor and the hospital were required to pay the patient 300,000 Dhs in compensation for the physical and moral damages she had suffered, plus a deferred interest of 4% from the date of final judgment until payment is made.

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