Introduction
Medical errors are issues that spark controversy in both legal and medical circles. Patients often find themselves in a struggle between their right to proper medical care and the potential consequences of errors that can seriously affect their health. In this context, a ruling by the Dubai Court of Cassation dated 18-07-2019 comes to the forefront.
Case Details
The plaintiff filed a lawsuit against the first and second respondents after suffering health complications following a gastric bypass surgery at a hospital. In this context, the plaintiff claimed that he was not adequately informed of the potential risks before the surgery, which led to a series of serious complications and a thirty-day coma.
Medical Consequences
After the surgical procedure, the plaintiff faced severe health issues, entering a coma for thirty days and being transferred to the intensive care unit for four weeks. Upon waking from the coma, he began experiencing severe pain in his right arm.
Legal Battle
Based on the health damages he suffered, the plaintiff decided to sue the hospital, seeking compensation of one million dirhams for the physical and emotional damages he endured. In this regard, he filed a legal case numbered 508 of 2016 before the Dubai Court of First Instance. On 14-2-2018, the Court of First Instance decided to dismiss the lawsuit. The court relied on reports from the appointed committee and the Supreme Committee for Medical Responsibility, which indicated that the medical procedures performed were within international medical practices, and there was no medical error or negligence.
Expert Opinions
Ahmed Saber, Head of the Litigation Department, shared his opinion, saying, “Investigating this case requires a thorough analysis of the medical and legal evidence. We must consider international standards for healthcare and evaluate medical practices.”
Amira Saqr, a practicing lawyer, stated, “Cases related to medical errors present a unique challenge in both law and medicine. The court must assess the extent of patient guidance on risks and adherence to medical standards.
Conclusion
Medical errors are a sensitive issue that requires a balance between patients’ rights and the responsibilities of medical institutions. In this case, the plaintiff seeks to assert his rightful claims through the legal system, emphasizing the importance of awareness and education before undergoing any medical procedure.