Doctors can be sued for decapitating baby: High Court

The High Court has ruled that the mother, in her capacity as an individual, can sue the doctors who decapitated her baby during delivery in 2011.

This ruling came in relation to a Civil Court ruling which was appealed in High Court.

The Civil Court ruled earlier against the accused doctors, after they filed a procedural issue saying that the mother, Shareefa Haanee of Iramaage, Dhaalu Bandidhoo, cannot sue them in her individual capacity.

Shareefa Haanee has sued the four doctors for a sum of MVR 3.2 million in compensation for having decapitated her baby. She has also sued Male’ Health Services Cooperation in addition to the four doctors.

High Court said in its ruling yesterday that patients put their trust in doctors when they consult them, and if the doctors are found to have been negligent, patients should have the right in their capacity as individuals to sue the doctors.

The High Court also said in its unanimous ruling that there are no legal obstructions to the court deciding whether the doctors who decapitated the baby had been negligent.

This case was presided over in High Court by judges Dr Azmiralda Zahir, Abbas Shareef and Abdul Ghanee Mohamed.