The Civil Supreme Appeal Court obligated a private hospital and a doctor in solidarity to lead to the debt of 60,000 dinars, after their son was exposed to a medical error during his birth, he was left behind with hemogenous paralysis, kinetic disability and a disability rate of 90%.
Lawyer Jassim Sarhan, the child’s father, indicated that the wife went to the defendant hospital for medical examinations and childbirth, and the second defendant doctor initiated the birth process, and during this she had difficulties in childbirth and the fetus’s exit naturally, and a cesarean section should have been performed, but the doctor used the suction system, which caused complications of the fetus, including not crying at its birth, lack of oxygen, Slow in the heartbeat, it was urgently revived and transferred to the maximum care department of the Salmaniya Medical Hospital, and he remained under care for 40 days; Which caused him serious complications.
The court ruled, before deciding on the matter, delegating the competent committee of the National Authority for Regulating Health Services and Services, and after examining the medical file for the second prosecutor at the hospital to show whether the doctor had taken all the necessary medical measures according to the approved medical standards to deal with the condition of the child’s mother when she entered the birth process, and a statement of what the medical complaint has become, and if there is a neglect, negligence or any error from her side in dealing with her His condition and the nature of its mistake, if any.
The report of the Technical Committee formed by the National Authority for the Regulatory of Health Services and Services revealed that the child suffers from brain paralysis and kinetic disability from neurological cramps accompanying the result of the occurrence of stencils and a lack of oxygen to the central nervous system and the brain; This led to the inability to take care of himself with the danger of staying alone without notice or permanent supervision, and estimated the permanent deficit by 90%.
The technical committee of the professional and moral errors of the profession of the profession of human medicine also found a medical error by the doctor, represented in not noticing the heart heartbeat during birth for an hour, which is considered contrary to the accepted medical standards for the birth process, and the lack of explanations of the use of childbirth liquid From the umbilical cord to analyze after birth, despite the child’s lack of crying immediately after his birth, and the committee ended that the doctor did not do the necessary care, and the accepted medical procedures were not taken during the birth process.
The first court court ruled that the first and second defendants compel them to solidify the first prosecutor, in his capacity as a natural guardian of the minor child, an amount of 50 thousand dinars, and obliging them to solidarity to perform the parents of 20 thousand dinars in literary compensation, which is suitable for expenses and in exchange for law fees, so the hospital and the doctor stabbed the ruling to appeal, where the court reduced compensation for the parents to 10 thousand dinars to 10 thousand dinars to 10 thousand dinars to 10 thousand dinars. About 20 thousand, and supported compensation for a medical error.
