THE family of a man who died from complications following a weight-loss surgery has been granted the request to pursue civil action against the two doctors accused of causing the death.
The Lower Criminal Court yesterday allowed the family’s lawyer to submit a statement of claim against the defendants, having earlier requested permission to sue the doctors in civil court.
The defendants – a leading surgeon and a consultant anaesthesiologist – have been charged with criminal negligence and committing a fatal medical error.
During the previous hearing, the Public Prosecution had asked the judge to hand the suspects the maximum possible penalty, should they be convicted of the charges.
Hussain Abdulhadi died on June 6, eight days after undergoing a bariatric procedure known as sleeve gastrectomy at a private healthcare facility.
Inquest
The National Health Regulatory Authority (NHRA) conducted an inquest and held the two medics responsible for the death of the 29-year-old Bahraini man.
NHRA’s report stated that the surgeon sewed the patient’s sutures by hand after a surgical stapling device stopped working, and that he later ignored ‘clear evidence’ of a gastric leak.
It also added that the anaesthesiologist removed the ventilator from the ailing patient in the ICU, even though he could not breathe.
Yesterday, the Saudi surgeon’s lawyer blamed the Arab co-defendant, claiming that his client had not committed the fatal medical error.
He argued before the court that the anaesthesiologist and the hospital were completely responsible for Mr Abdulhadi’s death.
Referring to the NHRA report, the lawyer claimed that the patient died as the anaesthesiologist removed the ventilator.
Even though the report implicated both defendants, the lawyer added that the mistake occurred due to the hospital’s failure to monitor the patient.
The lawyer also claimed that his client had given the victim the utmost care before, during and after the operation.
Three sessions into the trial, a representative of the Arab anaesthesiologist appeared in court and requested adjournment to present a defence.
Meanwhile, a Public Prosecution representative reiterated the call to punish the defendants to the fullest extent of the law.
“A man died because the defendants, who were responsible for his care, did not follow the standard medical practices,” he alleged.
“They deserve the highest possible punishment for leading to the loss of the victim’s life and putting his family through the agony of losing him.”
In an earlier hearing, prosecutors said that NHRA’s Medical Errors Committee had established a clear connection between Mr Abdulhadi’s death and the medical error.
A prosecutor highlighted the testimony of a veteran doctor, who claimed that the pair wasn’t quick enough in performing tests and monitoring the victim’s condition.
He also alleged that the Saudi surgeon decided to discharge the patient before making sure everything was in order, and later failed to detect a gastric leak when the patient complained of abdominal pain.
Leak
The leak was discovered a week after the surgery and a corrective procedure was performed. The patient was then moved to the ICU.
“The anaesthesiologist removed the ventilator from the patient while in the ICU, knowing that he was having breathing difficulties and was dependent on intubation,” the veteran medic alleged.
“The patient was suffering from septic shock and his organs were failing, however, the anaesthesiologist did not provide the necessary care, ultimately leading to his death,” he added.
The hearing has been adjourned to September 17 for arguments by the anaesthesiologist’s defence, along with the submission of a civil suit by the plaintiff.
zainab@gdnmedia.bh
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