Dubai: A housewife, who became infertile following a botched surgery of her Fallopian tube and had to undergo nine follow-up operations has won Dh1.1 million in compensation.
The Libyan woman visited an American gynaecologist, M.F., in Jumeirah in 2012, during which she underwent a laparoscopic operation in her Fallopian tube to remove some adhesions.
Following the surgery, the gynaecologist allowed her to leave without proper follow up. After the operation the woman’s abdomen became swollen and bloated with gases and a brownish substance that had a bad odour. When the housewife and her husband were informed that she had become infertile and could never become a mother again, the couple lodged a criminal lawsuit before Dubai Public Prosecution against the American gynaecologist.
The American doctor was convicted of malpractice and found liable for the injuries sustained by the woman. The Dubai Cassation Court fined the defendant [gynaecologist] Dh10,000 despite his having pleaded not guilty.
“The Dubai Civil Court ordered the gynaecologist to pay Dh430,000 in compensation to my clients [the Libyan and her husband] … that amount was not enough to compensate them against their moral, emotional, financial and medical damages. They have lost the probability of being normal parents, like any other, due to the defendant’s negligence. Their damages have become permanent. In our initial civil lawsuit we sought Dh6 million in compensation,” the claimants’ lawyer, Yousuf Al Beloushi, of Bin Suwaidan Advocates and Legal Consultants, told the Dubai Appeal Court.
The housewife became permanently infertile due to the American defendant’s incompetence and negligence and she cannot be a mother, argued the lawyer. The defendant was convicted of mistakenly causing damage to the housewife as he failed to carry out his medical duties and responsibilities professionally.
“My client had to undergo nine follow-up surgeries after the botched laparoscopic operation in an attempt to fix the damages she incurred. They suffered a lot and she had to undergo treatments in Dubai and abroad. The defendant discharged the claimant early without post-operation checks. After the operation her abdomen was bloated with gases and a brownish substance that had a bad smell. My clients had high hopes that one day they would become parents … that hope was killed due to the defendant’s recklessness that ended with her becoming childless. Whenever she accompanies other mothers, she feels imperfect and humiliated because of her infertility,” Al Beloushi contended before the appeal court.
The Libyan complainant had to travel to Germany for medical tests and check ups and treatment and follow-up surgeries that cost her a fortune, he said.
According to the Appeal Court’s verdict sheet, the judges’ bench decided to overrule the primary judgement and increased the compensatory amount to Dh1.1 million.
“The housewife deserves a Dh1 million compensation against her moral, emotional and financial damages … and her husband deserves Dh100,000,” read the judgement sheet.
The appellate ruling remains subject to appeal before the Cassation Court within 53 days.
