Medical Malpractice – Promotion losses and Personal Savings Spending
Medical Malpractice Promotion losses and Personal Savings Spending
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Dubai Court of Cassation ruled in a recent ruling that failure to promote and spending from personal savings – other than treatment expenses – is not considered a direct damage of the medical error.
The court paved the way for its judgment by saying that it was evident from reviewing the report of the Higher Committee for Medical Liability issued by the Health Authority submitted by the Appellee, attached to the statement of her claim, that the patient was given a complementary disability rate of 30%, 15% of the nature of the disease, 15% of the disintegration of the mineral structure and the delay in its treatment, as well as repeated surgeries and the patient’s exposure to an increase in the period of suffering due to the failure to diagnose the disintegration when it occurred and not diagnosing it despite several reviews and the presence of x-ray that proves the disintegration and the patient’s subjection to the facet joint injections in the fourth and fifth lumbar vertebrae unnecessarily, due to the undiagnosed disintegration of the metal structure. This Court, with its power to assess the damage, and given the Appellant’s repeated visits to the clinics, her undergoing a corrective operation and the length of her suffering, states that the amount of 150,000 dirhams covers all the material, physical and moral harms that the Appellant endured, including the treatment costs actually paid by her within the limits of her requests in her statement of claim, the amount of 30,000 dirhams for the second surgery, and the amount of 2,820 dirhams, costs of physical therapy. The costs of the third surgery on 15-1-2015 in the ——– Hospital in the Arab Republic of Egypt are not included. It is established from the report of the Higher Committee issued by the Health Authority – aforementioned – that on 17/05/2014, the Appellant underwent a surgery that showed a loosening of the metal installation from the left side, and all the screws and metal structures were removed and replaced with new ones, and the spine was fixed from the second lumbar vertebra to the first sacral vertebra. The report added that on 12-17-2014 the patient felt severe pain in the lower back and that the x-rays showed broken screws in the first sacral vertebra, and that on 15-1-2015 a surgical operation was performed in the Arab Republic of Egypt to replace the broken screws with the extension of the fixation to the pelvic bone, which means that the last operation was to correct the second operation, thus negating the responsibility of the second Appellee regarding the subject matter of the case. The compensation for medical leaves also is not included, as it is regulated by the Labor Law as long as the doctor considers that the patient’s interest requires giving him a rest, even if it extends, and therefore he is not obligated to compensate and the worker is only entitled to the salary within the limits of what is stated in the provisions of law. In addition, with the presence of a medical error, the failure to promote and spend from personal savings – with the exception of treatment expenses – is not considered a direct harm, and it is not a natural result of the error, and therefore the two Appellees are not responsible for the same, and it is not correct to consider the Appellant’s spending on herself from her savings as a loss for which compensation is due.
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