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Medical Negligence Case: Hepatitis C Compensation

This is a medical negligence case filed by a plaintiff against King Abdulaziz Hospital in Jeddah, Saudi Arabia. The plaintiff alleges she contracted hepatitis C during a gallbladder operation at the hospital and suffered damage to her womb, seeking 2 million and 3 million riyals respectively in compensation. While the hospital denied negligence, citing sterilization procedures, the court found the hospital at fault for transmitting the virus based on proven negligence, harm, and a causal relationship. The court ruled the administrative court lacked jurisdiction over womb damage claims but ordered the hospital to pay the plaintiff 22,500 riyals for the hepatitis C infection.

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Mishal Ao
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62 views2 pages

Medical Negligence Case: Hepatitis C Compensation

This is a medical negligence case filed by a plaintiff against King Abdulaziz Hospital in Jeddah, Saudi Arabia. The plaintiff alleges she contracted hepatitis C during a gallbladder operation at the hospital and suffered damage to her womb, seeking 2 million and 3 million riyals respectively in compensation. While the hospital denied negligence, citing sterilization procedures, the court found the hospital at fault for transmitting the virus based on proven negligence, harm, and a causal relationship. The court ruled the administrative court lacked jurisdiction over womb damage claims but ordered the hospital to pay the plaintiff 22,500 riyals for the hepatitis C infection.

Uploaded by

Mishal Ao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Case summary

Medical negligence Case.

Facts\

 This is a medical negligence case: Plaintiff ( …. ) filed a case against the


defendant (King Abdulaziz Hospital affiliated to the Directorate of Health
Affairs, Jeddah Governorate).
 The plaintiff demanded the defendant to compensate her due to infection
her with the hepatitis C virus also to compensate her for the damages that
occurred to her womb after an operation in that hospital.
 Evidence of negligence against the defendant and committing him to
compensate the plaintiff according to discretion of an expert of general court
and that compensation for infecting her with the hepatitis C virus, And the
lack of jurisdiction of administrative courts to hear requests for
compensation for adhesions.
Issue\
the plaintiff raised her claim to the administrative court in Jeddah, demanding to
bind the defendant to compensate her with a price of 2,000,000 riyal due to
infection her with hepatitis C virus mentioning that her claim in the case due to the
medical negligence that occurred after doing the Gallbladder operation in the
hospital which caused three operation afterwards leading to the virus, also a
compensation with a price of 3,000,000 due to the damages that happened to her
womb.
The defendant ended with the request for the judgment rejecting the case,
presenting documents indicating his acquittal of the matter including the hospital
policy of tools sterilization and the fact that this virus can not be transmitted from
one to another through tools.

The applied rule of law\


References: Executive Regulations for the Practicing Health Professions Law, Articles
( 33 , 34 , 35 ).

Application ( reasons ) \
Based on executive regulations for the practicing health professions law the court
decided:

1 | Ghaida Alothman 201722211


First, lack of jurisdiction to the claim of damages accrued to her womb and that is
Legitime Health Authority’s jurisdiction not the administrative court in Jeddah “
where the case was filed “.
Second, The jurisdiction of the administrative court in view of what happened to the
plaintiff from the transmission of the virus and the proven fault of the defendant and
the availability of the elements of liability in terms of negligence, harm, and the
existence of a causal relationship between them.
Therefore, the department decided to oblige the Health Affairs Directorate in Jeddah
Governorate to compensate (...) an amount of (22,500) twenty-two thousand and
five riyals, for her infection with the hepatitis C virus.

2 | Ghaida Alothman 201722211

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