Dubai:

Case study 1: A cook, who became a quadriplegic following a car accident in 2012, was granted Dh1 million in compensation after he lodged a civil lawsuit against an insurance company.

The Asian worker, in his 40s, lost the ability to eat, drink and go to the washroom by himself and needed 24-hour assistance following the car crash that happened when the driver of the car that the victim was in fell asleep. The worker was seated in the back.

The court ordered the insurance company [where the car was insured] to pay Dh1 million in civil compensation to the worker.

The victim hired a lawyer, who lodged the civil lawsuit against the insurance company seeking Dh2 million in compensation. The claimant had estimated his emotional, moral and financial loss equivalent to Dh2 million.

“The insurance company had a civic responsibility towards the victim, who became a quadriplegic following the accident. The driver was convicted and punished for being responsible for the accident. Considering that the car was insured at the insurance company, the latter was obliged to compensate the victim as per the Civil Procedures Law,” said the lawyer.

Records state that the Asian man had worked in Abu Dhabi for 15 years. He was travelling from Abu Dhabi to Fujairah with the driver and another man when the accident took place.

The tired driver suddenly fell asleep at the wheel before losing control of the vehicle, which overturned on a Dubai road.

Court records state the worker was hospitalised for three months and underwent surgeries.

“The victim sustained medical, physical, financial and moral damages following the accident. He cannot eat, drink, walk or use his hands or legs or even use the washroom without a permanent escort,” the lawyer said in the lawsuit.

A court-assigned medical committee examined the claimant and decided his medical condition would not improve.

The victim sustained a 100 per cent permanent disability, according to the committee’s report.

 

 

Case Study 2: An Arab woman, who ended up with a dislocated hip following four botched surgeries at a Dubai hospital, won Dh250,000 in civil compensation.

The Dubai court granted the woman a quarter of a million dirhams after she sued the hospital for malpractice and negligence and claimed Dh500,000 in compensation.

The woman had dislocated her left hip. She went for treatment at the hospital. After the first operation, her left hip was dislocated again after two months. She reported back to the same hospital where she was anaesthetised and had the dislocation fixed a second time. Five weeks after her second operation, she had her third hip dislocation and she returned to the same hospital and underwent a similar surgery. Six weeks later, she suffered the fourth dislocation.

The claimant hired a lawyer who lodged a civil lawsuit in which he mentioned that his client suffered severe pain and mental agony.

“She visited several other doctors who advised her to undergo reconstructive surgery on her left hip. She underwent surgery to her right hip at a new hospital but she was afraid to have her left hip treated as she had lost trust in most doctors. The defendant refused to offer her any settlement,” the lawyer told the court.

She lodged a complaint with the health authorities in Dubai and a medical committee confirmed the malpractice and mismanagement committed by the hospital.

The claimant was informed about the technical malpractice committed by the surgeon during the operation.

The Arab woman is believed to have collected the compensatory amount when the ruling became final.