civil law

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June 03, 2018

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How can I file a case against a hospital that mistreated my child?

Question: I was injured in a car accident and filed a traffic case against the driver. The court ruled in my favor and fined the driver. I then filed a civil case against the driver to claim compensation. I submitted medical reports that illustrate the extent of my injuries and I requested the court to appoint doctors to analyse my physical condition, medical status and to evaluate how much could receive in compensation.

The court accepted my medical report and awarded me a lump sum amount of compensation, which I was paid once the case was over. However, I truly believe that if the court considered my request for appointing doctors to evaluate me I could have been awarded a lot more money. This accident has had many consequences on my health.

I believe the court made a mistake by not appointing the doctors and just evaluating the medical reports. What can I do to get my compensation increased?

Answer: The court has an absolute discretionary power to decide whether to appoint the medical expert in your case or not. However, the Supreme Court indicated in many similar cases that in the event of refusal of the court to appoint the expert, the judgment has to contain the explanation why such request has not been considered at all. This principle has been established and followed in many Supreme Court orders.

Question: My child has been admitted to one of the hospitals in Dubai. I believe that the doctor made a mistake while assisting my child. I want to sue them for that but I do not know where to start.

Answer: As per laws applicable in your case you shall start your claim by filing the complaint at Dubai Health Authority who shall investigate the medical file of your child and issue their report accordingly. Based on the report they will issue, you will have the right to file your compensation case in the civil courts of Dubai. In some cases, based on such report you may also have a chance to file the criminal case against the medical practitioner, who committed the mistake.

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