300,000 dirhams as compensation for a medical error in which a child almost loses the ability to conceive

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The father of one child is suing in Abu Dhabi Family Court and in civil and administrative cases, in which he jointly demanded that a hospital and a doctor pay him two million dirhams in compensation with 12% late interest. The material and moral damage caused to him and his youth as a result of the medical error almost deprived the child of the ability to have children.

He explained his claim that he went to the hospital with his young son for “6 months” (first defendant), where he suffered from swelling of the left testicle, and met the second defendant, who works as a doctor. Sign the medical examination, diagnose it as a “hernia” and then transfer it to a pediatric surgery hospital.

The complainant, who was not satisfied with the diagnosis, went to the emergency department of the government hospital on the same day and about 8 hours ago complained of swelling and redness in her baby’s left scrotum, and the ultrasound examination revealed. Torsion of the left testicle, and the doctor examined the thorax and performed emergency surgery to remove the torsion of the left testicle. Wrong according to the report of the Medical Liability Committee.

Counsel appearing on behalf of the two defendants filed a counter-petition and concluded that the case was not accepted for failure to submit the conciliation and conciliation report and that the case was dismissed as valid and lacking evidence.

Responsibility
For its part, the court clarified in the merits of its judgment that the care provided to the patient at the accused hospital was not in accordance with generally accepted medical standards as evidenced by the report of the Medical Liability Committee. An emergency ultrasound examination should be performed or the patient should be seen urgently and make sure that he or she is examined before specializing in pediatric surgery. Delaying treatment.

The report emphasized that testicular torsion is one of the emergencies that requires rapid diagnosis and treatment to avoid interfering with testicular perfusion for more than 8 hours and thus preventing testicular atrophy. Medical advice was given for not diagnosing testicular torsion, which led to a delay in surgical intervention and contributed to the degeneration of the testicle.

Evidence in the documents indicates that the hospital has real authority over the physician in supervision and guidance, and that this task was created for him to carry out the act in view of the illegal act, and therefore he should be held jointly responsible. .

Accordingly, the court ordered the two defendants to pay the complainant, as the guardian of his minor son, 300,000 dirhams in compensation for the material and moral damages he suffered.

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