High Court: No malpractice on part of doctor in loss of hearing

High Court on Sunday backed earlier Civil Court ruling against Ahmed Ihsan of Handhuvareege in Gdh. Fares, who sued Ministry of Health saying that his daughter suffered loss of hearing due to a medicine administered by a doctor.

Ihusan originally filed the lawsuit against Health Ministry in 2008 claiming that his daughter Aishath Iyaan Ihsan was given a medicine when she was taken to a doctor in Thinadhoo Hospital, which resulted in loss of hearing. He said that his daughter was given an injection of gentamicin with the doctor fully aware of its side effects.

He sued Health Ministry for MVR 7.1 million in damages.

Civil Court had ruled that it could not be proven that Aishath Iyaan Ihsan’s loss of hearing was due to the injection.

High Court had ruled that though Ihusan’s daughter had suffered loss of hearing due to the injection, there was no malpractice on part of the daughter.

The court ruling also said that there was no regulation which made it compulsory for patients to be made aware of all side effects that may arise from a medicine, and that witness testimony proved that medicine had been administered to Aishath Iyaan Ihsan as per due procedure.

It said that Ihusan had no grounds to claim MVR 7.1 million in damages.

The case was presided over by Judge Abdul Rauf Ibrahim, Judge Abdul Ghanee Mohamed and Judge Abdulla Hameed.