Doctors’ plea rejected in negligence case

Aya Al Deeb, Staff Reporter

ABU DHABI: The Supreme Federal Court rejected an appeal against a verdict obligating two doctors to pay a fine of Dhs20,000 each and Dhs200,000 in Diya to the heirs of a child whose death they caused due to a medical error.

The public prosecution charged the two doctors with medical error, negligence and for not following the professional and medical procedures.

The Prosecution indicated that the two doctors did not take precautions, according to the report of the Higher Committee on Medical Liability, adding the first suspect did not appropriately handle the case of hypoxia in the blood of the child from the beginning of the operation until him leaving the recovery room.

He also insisted there was no problem and allowed the exit of the child from the recovery room without testing blood gases.

The Prosecution charged the second doctor with sending the child to the children’s ward without oxygen, not writing down what happened in the surgery room in the medical file, in addition to not providing the child with oxygen in the intensive care unit, causing his death. The Court of First Instance obligated the suspects to pay a fine of Dhs20,000 each to the heirs of the victim, besides the fees of the lawsuit. The suspects appealed the verdict and the Appellate Court ruled that both appeals were accepted in form.

The two suspects appealed again but the Supreme Federal Court overturned the verdict and referred the case to the court for reconsideration by a different body.

The Court of Referral rejected the appeal but the appellants appealed again and the Public Prosecution submitted a memorandum requesting the rejection of the two appeals.

The second suspect reportedly requested the court to depute a committee from the Ministry of Health to examine the papers and medical reports, but the court ignored the request.