Plastic Surgery and Medical Malpractice in Dubai UAE

The cosmetic surgeon, like other doctors, does not guarantee the success of the operation but the care required from him is more than the other cases of surgery, considering that the cosmetic surgery does not intend to cure the patient from a disease in his body, but rather to fix his defects.

In a recent ruling, Dubai Court of Cassation affirmed a judicial principle that the doctor is not obliged to heal his patient or to succeed in the operation he performs because the doctor’s commitment is not an obligation to achieve a result but rather an obligation to give care. However, the care required from him needs sincere and vigilant efforts for his patient that are consistent – in other than exceptional circumstances – with the established principles of medicine. The doctor shall be questioned for every failure in his medical career that does not occur by an attentive doctor at his professional level, in the same external circumstances that surrounded the responsible doctor. The cosmetic surgeon, like other doctors, does not guarantee the success of the operation but the care required from him is more than the other cases of surgery, considering that the cosmetic surgery does not intend to cure the patient from a disease in his body, but rather to fix his defects.

Whereas this and it is established from the case documents and the report of the second committee formed by the Department of Health and Medical Services that the committee concluded existence of negligence and malpractice as the shape of the breast before the surgery was better than after the surgery. Breast examination showed asymmetry in the shape of the nipple, and the committee noted that breast lift did not take place. There was a report by the first committee formed by the Department of Health and Medical Services concluding negligence of the treating doctor as the result was far from the acceptable limit, and there was malpractice and medical error. This confirms the harm affected the Claimant after the operations she underwent and resulted in a defect in her breasts and ugliness of their appearance. The challenged ruling added that (the delegated higher committee for medical liability concluded in its original report that the first surgery for the patient did not achieve the desired results and the physician performed another surgery with the patient’s approval to correct the situation, and this does not contradict with the recognized medical standards, and there were no practices against the medical rules in treating the patient… The same committee, in a supplemental report, decided the need of the Appellant- the Claimant- to some fixations for the surgical scars and their appearance. These operations range between simple and medium and their cost is around twenty thousand dirhams. It is difficult to predict the occurrence of health problems in the future as there are no complications at the present time. Therefore, it is clear to the Court that the status of the Appellant- the Claimant- needs continuity of corrective operations for the medical negligence occurred since the first operation. This is confirmed by the medical committee formed by the Department of Health and Medical Services and the medical attachment in the case documents. Therefore, the elements of medical liability are available against the Defendants, and the judgment obliging them to pay the ruled compensation has a right legal basis.

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Attorney/ Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy Law Firm
One Of The Best Lawyers In Abu Dhabi Dubai UAE

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