High Court rules against doctor

High Court has ruled against Ahmed Ihsaan (G. Dh. Fares) who took to the court claiming that a medicine given by a doctor caused his daughter to lose her hearing.

His lawsuit against the Health Ministry in 2008 says that when his daughter, Aishath Iyanaa Ihsaan was taken to the Thinadhoo Hospital, the doctor gave a medication that made her permanently lose her hearing. It say that the injection Gentamicin was given to his daughter with full knowledge of it’s power and side effects.

Ihsaan filed a MVR 7.1 million lawsuit against the Ministry. The Civil Court ruled against Ihsaan that they cannot accept that the loss of hearing was caused due to the injection.

Supporting the previous ruling by the Civil Court, the High Court ruling today said that although the child’s hearing was lost due to the injection, the doctor cannot be held accountable for negligence.

The ruling said that there is no regulation that says that the patient must be informed of all the side effects. And that the witness testimonies prove that the medication was given to the child within the rules.

And the ruling said that the MVR 7.1 million in damages for the child’s hearing cannot be claimed.

The Judges on the bench in the case were Chief Judge, Abdul Rauf Ibrahim, Judge Abdul Ghani Mohamed and Judge Abdulla Hameed.