The Abu Dhabi Court of Appeal upheld the ruling of the Court of First Instance requiring a medical center, a female doctor, a nurse and an insurance company to pay a patient an amount of 170,000 dirhams in compensation for the material, psychological and moral damages that she suffered while receiving a laser treatment session to get rid of fats in the abdomen, and she suffered burns. In the skin it left a permanent disability.
The details of the case are due to a woman filing a lawsuit against a dermatological and cosmetic center and a doctor, in which she demanded that the defendants pay her an amount of two million dirhams in compensation for the material, psychological and moral damages she was exposed to, and obligate them to pay fees and expenses of the case and in exchange for attorneys’ fees, indicating that she went To the center for the treatment of fat in the abdominal area, and the doctor decided that the treatment would be with a device specialized in laser fat removal.
The plaintiff explained that she underwent the first treatment session without complications, and in the second session, she felt severe pain during the operation of the device and told the nurse the “second entrance opponent” who was in charge of the device, noting that after the session ended, burns were found on the abdominal skin in the areas that were treated with laser. The doctor gave her creams and told her that the burns would disappear, but her condition got worse. The plaintiff indicated that with the increase in pain, she tried to contact the doctor, but she did not answer, which forced her to go to the hospital, where it was found that she had suffered first and second degree burns, and underwent a surgery that resulted in the removal of dead parts of the skin in the abdominal area, and that resulted in disability. Permanent abdominal skin rate of 5%.
She added that she had released a criminal case against the doctor, and a final ruling was issued against the doctor, which imposed a fine of 100,000 dirhams and paid 10 thousand dirhams as a bribe to the plaintiff for causing her mistake to compromise the integrity of her body.
The attorney of the first and second defendants presented a memorandum in which he argued that it was not permissible to hear the case due to the previous ruling in the criminal judgment that has become final, as it ruled for the plaintiff to pay compensation. The insurance contracted with the center, as she is responsible for bearing the compensation arising from the medical error, the nurse who undertook the treatment of the plaintiff, in addition to the hospital in which the plaintiff underwent surgery and was subjected to wrong medical treatment by emergency doctors in that hospital.
The court of first instance ordered the defendant to compel the medical center, the doctor, the first entry opponent (the insurance company), and the second entry opponent (the nurse), to jointly pay the plaintiff an additional compensation of 170,000 dirhams.
Neither the defendant nor the two entered litigants accepted this judgment, so they challenged it before the Court of Appeal, citing the violation of the provisions of the law and the error in its application.
For its part, the Abu Dhabi Court of Appeal stated, in the merits of the ruling, that the appellants argued that it was not permissible to consider the case for the previous ruling of the criminal judgment, which became final under the cassation ruling, because it had ordered the plaintiff to pay compensation for the injury she sustained in the amount of 10 thousand dirhams. And 50 of the Law of Evidence in Civil and Commercial Transactions that the point of authority preventing hearing the case for a previous ruling is that the previous judgment, whether civil or penal, cuts off his eyesight and foresight in an argument before him and in a fundamental issue that does not change in the two lawsuits, which is necessary for the determination of the entire case without which the judgment is not valid. And upheld the appealed judgment and obligated each appellant to pay the fees of his appeal.