A girl filed a civil lawsuit before the Abu Dhabi Primary Court against an airline and a hospital, demanding that the defendants jointly pay her 100,000 dirhams in compensation and cover the court fees along with attorney's fees. She explained her case by stating that she was working as a flight attendant for the first defendant (the airline), and due to her job, she experienced lower back pain, pain in her right leg, and neck pain. She was referred to a medical center, where her condition was diagnosed as having blockage in the fourth and seventh cervical vertebrae.
Following this diagnosis, the complainant was transferred to the hospital (the second defendant), where her treating physician, after examining her and diagnosing her condition, issued an incorrect prescription that led to the complainant gaining weight and becoming unfit for her job, resulting in the airline terminating her employment.
During the hearing of the case, the complainant and her defense attended, while the defendants did not appear despite being duly summoned. The court noted that, according to Article (18) of the Medical Liability Law, compensation claims arising from medical liability may only be accepted after referral to medical liability committees.
The court clarified in its ruling that it was established from the documents that the complainant filed her lawsuit based on medical malpractice committed by one of the staff from the second defendant hospital, which led to the termination of her employment with the first defendant. However, she filed her case after the issuance of the regulations concerning the Medical Liability Committee.
Accordingly, the court ruled to dismiss the lawsuit for failing to follow the legal process, as the complainant did not present her case to the medical committee before filing the lawsuit.
