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A patient was admitted to Dubai Fictitious Hospital in May 2016 suffering from symptoms arising out of a disorder in his digestive system. The case had been diagnosed through primary camutions in colonoscopy), the results of which contirmed the presence of a carcinogenic tutor in the patient’s colon Toulon cancer which required immediate surgery The Treating Surgeon explained the nature of the surgery that needed to be performed on the patient, which would ental renoving the lett part of the colonia teft hemolectory). The Treating Surgeon determined he would perform the surgery by the traditional open cut method, so he did not mention the possibility of the laparoscopical method, an operation performed in the abdomen using small Incisions (usually 0.5-1.5 cm) with the aid of a camera. The patient approved of the surgical procedure and signed a consent form The surgeon conducted the first surgery in mid May 2016 and the patient was released from the intensive care unit the following day as his condition was stati However, after four days the patient’s condition started to worsen as he began to suffer from symptoms of intestinal and bowel obstruction that necessitated another surgical intervention. The surgeon obtained the patient’s approval for the second surgical procedure, a colostomy, which is a surgical operation in which the colon is shortened to remove a damaged part and the cut end diverted to an opening in the abdominal wall. The surgeon did not discuss the possibility of performing a radical new procedure wherein the surgeon uses an endoscope to find the precise location of the blockage and then potirons a stent at the site of obstruction. When inserted, the tube is just 3mm in diameter. But over 48 hours it expands in response to body heat untit reaches 2.5cm in diameter, creating a new clear passageway through the intestines. The obstruction is then removed once the bowels have healed and the patient has recovered from the blockage The surgeon performed the second surgical procedure five days after the first procedure. Four days after conducting the second surgery the patient started to suffer an infection in the spot of the surgical intervention and developed a fever and deterioration in his health which required admission to the intensive care unt The diagnosis confirmed a wound infection which needed to be treated by re-opening the surgical wound for debridement to identify the nature of the Infection and commence treatment with the suitable antibiotic, In addition to some accompanying treatments in the intensive care unit and daily attention and care to the wound. The attending nurse attained written consent for the third procedure. The patient’s health started to stabilize after being admitted to the intensive care unit, In June 2016, the patient wished to continue his treatment abroad with another doctor and was transferred by a medical evacuation plane to a hospital outside the UAE at the request of his family, In December 2018, when the patient noticed the deterioration in his health (anorexia, lack of energy and weight loss), he consulted the same treating doctor outside the UAE who decided to conduct a Computerized Tomography Scan (“CT-scan”) on the patient’s abdomen, the results of which indicated that his iness had become fourth-degree colorectal cancer. The patient started chemotherapy and all necessary treatment in another hospital in Dubai in December 2018 until he died in March 2019, 1) If the family of the patient decides to file a lawsuit, make a determination as to whom they may name as a defendants) under UAE law. Explain why. 2) Under Federal Decree Law No. (4) of 2016 on Medical Liability, what steps will the family need to take to file a medical malpractice claim?
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