The Abu Dhabi Court of Appeal upheld a court of first instance ruling requiring a hospital and an anesthesiologist to pay one million dirhams to a woman and 300,000 dirhams to her husband, as compensation for the wife’s 100% incapacity, as a result of a mistake in anesthesia during a Caesarean delivery.
In the details, a man filed a lawsuit against a hospital and an anesthesiologist, in which he demanded a verdict to compel them, in solidarity, to pay the plaintiff for himself and in his capacity as custodian for his wife, material and moral compensation for the serious damages sustained by his wife.
He explained that his wife entered the hospital to have a delivery operation at the expected date, and she did not have any previous history of illness, and it became clear that the cervix was closed and she had a cesarean section under general anesthesia, and her heart stopped and she went into a coma and remained in the central care department breathing by opening it in the trachea and is done It is fed through gastric tube and it is expected to stay for a long time.
He stressed that what happened to his wife was the result of a medical error represented in an overdose of anesthesia, with no regard for her health, which led to her falling into a coma, and suffering physical and psychological damage, which led to depriving his children of their mother.
While the two defendants asserted that what happened to the appellant was not a medical error, and that her injury was the result of a heart attack that stopped the oxygen supply to the brain, which caused brain damage and led to her current condition, and the plaintiff’s wife was referred to the Higher Committee for Medical Responsibility for examination, and the court of first instance ruled that the defendant was obliged The first and second is that they pay the plaintiff an amount of 300 thousand dirhams for himself in compensation for the moral and moral damages that have befallen him, and his wife one million dirhams in compensation for all the material and moral damages suffered by her, and obligate the defendants to pay the fees and expenses of the case.
The hospital’s medical company and the anesthesiologist appealed the judgment before the appeal, and they explained that the patient attended and was not following her pregnancy, and did not go to the hospital to receive the necessary care and follow-up before delivery, and the fetus’s pulse was revealed what was decided with a cesarean delivery, and the anesthesia did not succeed because the patient did not cooperate With the anesthesiologist, after the operation she fell into a coma and was placed under long-term treatment.
And they confirmed that the treatment method adopted by the anesthesiologist is consistent with the recognized medical principles and is not the result of a medical error. They demanded that the appealed judgment be annulled due to the absence of error, default, or failure of the judgment by inference.
The husband did not accept the judgment of the court of first instance and appealed against him with a back-to-back appeal, and he demanded an increase in the amount decided in proportion to the material and moral damages that he suffered and in his capacity as custodian of his wife.
The Abu Dhabi Court of Appeal confirmed, in the merits of the ruling, that the medical report submitted by the Supreme Committee for Medical Responsibility confirmed that a medical error had occurred from the hospital and the doctor, as the committee concluded that a serious medical error occurred on the part of the anesthesiologist, represented by his failure to follow the established medical principles and rules when His anesthesia of the patient resulted in a 100% disability, and the doctor tried to administer a midesthesia to the patient several times and did not succeed and did not seek the help of another anesthesiologist, and the patient was exposed to a lack of oxygen in the brain.
The court affirmed that the assessment of the compensation value suffered by the victim is one of the real issues that the trial court is independent of, according to what it extracts from the circumstances and circumstances of the case, and the court ruled to accept the two appeals in form, and in the matter to reject them and confirm the appealed judgment, and obligated each appellant to pay the expenses of his appeal.
– The report of the Supreme Committee for Medical Liability proved a medical error on the part of the hospital and the doctor.