BCC 590/2010

This case involved a claim for compensation by a patient who had had an object left in his body against a hospital and a doctor. A key point was the failure of the medical committee report to show causation. It had not specified and properly discussed elements of damage. This impacted the damages awarded.

Background

On 26/01/2000, a patient filed a case N°484 before the Bahrain High Court requesting a hospital and a doctor compensate him 15000 Dinars, his wife 2000 Dinars and pay their underage children 10,000 Dinar in moral damage after the man had been the victim of a medical error. The patient stated a solid object had been left inside him following a hand surgery he had undergone to remove a cyst.

The High Court rejected the lawsuit and the patient filed an appeal N° 285/2002 before the Bahrain Court of Appeal.

After examining the medical committee report, the Court of Appeal cancelled the ruling under appeal and compelled both the hospital and the doctor to jointly pay the patient 12000Dinars, an additional sum of 7501 Dinars and pay 1000 Dinars to his wife.

Decision