UAE Resident Patient vs. Neurosurgeon & Hospitals
Claim Type – International Tort, Medical Malpractice & Misrepresentation
Jurisdiction – UAE, Dubai & USA, Miami

CHALLENGE

Following a brain tumor surgery, a UAE resident was subject to wrongful and negligent acts resulting in multiple complications, requiring another operation; she consequently suffered from depression, a feeling of injustice and mistreatment, which led her to act within her rights.

For more than a year after surgery, the patient was regularly misinformed, and sometimes misled, about her health status, excision explanations or any precise surgery results; the tumor was never completely removed, and the operation was only a biopsy procedure. While the surgeon and the hospital were aware of her health status, they refused to properly disclose facts to the patient or provide a timely explanation; subsequent radiological MRI evidence showed the persistence of a large residual tumor.

As a result, she developed a double pathology and had to undergo another surgical operation in the Middle East followed by a Gamma Knife radiation treatment in the US, after months of information failures by the original doctor and hospital, based on bias, false representations, negligence and moral hazard.

She found it difficult to revisit these pending issues and communicate with, possibly, the defendants, and had no intention of filing a grievance against them. Nevertheless, she felt more inclined to wait and monitor the unfolding events to confirm the facts. Many firms refused to take her case; some required an advance fee payment of USD 30 thousand, just to obtain initial legal advice, before proceeding with the case and scoping. At that point, Practiclaim became involved.

PRACTICLAIM SOLUTION

The first task was to request and obtain defendants’ complete file, including medical results, operative reports and communications relating to post-surgical procedures. A detailed Pre-Assessment note was prepared, outlining the facts, prospects, and strategy, along with a targeted expert report; it was clear from the documentation that the initial operation was a failure, and that the defendants had failed to inform the patient. The defendants saw matters differently and maintained that they had acted correctly.

Despite its complexity, the claim was eligible for onboarding on the Practclaim platform. Before commencement of the process, a highly skilled malpractice specialist completed a preliminary assessment of the claim strength – at no cost. The wrong venues and legal grounds were weeded out in favor of an international tort relief to be submitted to the Dubai courts, since the wrongdoings happened abroad and domestic claims for professional negligence have such a high threshold.

There was an optimized outcome-based fee arrangement provided by chosen litigation boutique firms, with a budget, timelines, deliverables, and an overall claim estimation for the Claimholder to make their decision.

With the right level of legal and reputational pressure on well-funded defendants, the case ended successfully.

EFFECT

A long period of incubation, careful monitoring of events, obtaining further expert evidence, and coordination of efforts in the Claimholders favour, proved vital on a practical level, allowing assessment of claim’s chances at the right time with no cost.

The patient was deterred from pursuing a claim that was considered impossible due to cost, jurisdiction issues, proving direct damages as well as possible time bar limitations. Practiclaim experts assessed the case early on to understand its potential, to provide predictability, and by centralizing the matter, the claim was managed until satisfying results were delivered.

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