BCC 427/2005

This case involved the use of the court of urgent affairs to prevent a doctor who it was said had misdiagnosed a child from travelling and demand experts be appointed. A key issue was whether this should be treated as an urgent case.

Background

A child's father filed a case against a doctor and hospital before the court of urgent affairs requesting prevention of the doctor from travelling and the appointment of a commission of experts to review his son's medical case. The father said that the doctor had misdiagnosed the child after a car accident they lost their eyesight.

The court ruled that the doctor should be prevented from travelling abroad and that the father should file a case on the issue within two weeks.

The father appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

Decision