BCC 223/2008

This case involved a request by a doctor to be promoted to specific positions. It was wrongly argued the court should not have granted this as the doctor had not completed specific training. This was irrelevant as the court had authority to assess evidence and material in the expert report.

Background

A doctor filed a case before the Civil Court against a hospital and the head of the surgery department requesting the right to be admitted as a specialist at the eighth grade and a consultant at the ninth grade retroactively from the date of entitlement after his request had been refused.

The court ruled that the doctor was entitled to be promoted to the rank of general surgery consultant.

The Hospital appealed the ruling and the Court of Appeal confirmed the appealed ruling.

The defendants filed an appeal in cassation. The Court did not accept the appeal of the head of the surgery department because he had not appealed the First Instance ruling.