Medical Malpractice – The Necessity for Lawyers to Persist in Their Defense until the End

Medical Malpractice – The Necessity for Lawyers to Persist in Their Defense until the End

Medical Malpractice: The Necessity for Lawyers to Persist in Their Defense until the End

Medical Malpractice: The Necessity for Lawyers to Persist in Their Defense until the End

In medical malpractice cases, the lawyer bears a significant responsibility to protect their client’s rights with unwavering commitment. This duty goes beyond presenting an initial defense—it extends to upholding that defense with strength and consistency throughout all stages of litigation, including appeal and beyond. Neglecting any aspect of the defense or failing to raise it clearly and forcefully may result in the loss of the injured patient’s rights.

Persistence in Defense During the Appeal Stage

The appeal stage carries great importance in medical malpractice cases, as it provides an opportunity to re-present facts and arguments before a higher judicial authority. In this context, the lawyer must effectively exercise the devolutive effect of appeals. This means that every defense raised before the court of first instance is considered properly submitted before the appellate court. However, it is still advisable to assert and present those defenses clearly and convincingly.

Defending the rights of medical malpractice victims requires the lawyer to remain vigilant and steadfast in presenting their arguments and evidence. Every piece of evidence and every legal argument must be submitted and emphasized at each stage of the proceedings to ensure that rights are not lost due to ambiguity in the case. The principle of the “devolutive effect of appeal” is not merely a procedural rule—it is the cornerstone that ensures fairness in litigation and guarantees the litigant’s right to fully present their case before all levels of the judiciary.

Accordingly, the appellate court is a court of substance, possessing discretionary authority equal to that of the court of first instance. For example, if the court of first instance awarded a specific compensation amount, the appellate court may increase or decrease that amount depending on the circumstances and the extent of harm as established by certified medical reports. We emphasize certified medical reports because medical issues are technical matters that require medical expertise. Therefore, courts rely on these reports to assess harm and the percentage of permanent disability, ultimately determining the appropriate compensation.

Hence, establishing the existence of harm is a crucial matter—without it, compensation is rendered nonexistent.

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai and Ajman UAE

“Medical Malpractice – The Necessity for Lawyers to Persist in Their Defense until the End”