Time running out for patient in negligence case over brain damage
US employer is preparing to cancel his visa and make his stay illegal while the dispute is still unresolved
The clock is running down for a brain-damaged patient in a Dubai hospital as a negligence claim pursued by his family remains unresolved and his employers prepare to cancel his visa.
Pakistani Imran Hussain was taken to Mediclinic City Hospital on August 1, 2016. He had follow-up surgery after a successful routine coronary angiography at a hospital in Al Garhoud.
A week later, Imran’s condition took a catastrophic turn for the worse when epicardial pacing wires were removed. Bleeding around his heart built up and compressed it.
The condition was not picked up by his carers and it is claimed that there is no record of nurses checking on his vital signs for 80 minutes after the wires were removed.
A case review showed Imran’s heart stopped, causing irreparable brain damage.
The Dubai Healthcare City Authority cleared Mediclinic of wrongdoing, a point that is being disputed by his family, who are pursuing their own legal action. There has been little progress after an independent Ministry of Health and Prevention committee was set up to review the case.
A Fitness to Practice Panel placed a three-month ban on the doctor responsible for Mr Hussain’s care, Dr Uwe Klima.
Meanwhile the condition of Mr Hussain, 51, continues to worsen.
Insurers are refusing to cover the cost of his care until the case has been resolved and his former employer, Dow Corning, is due to cancel his visa on Thursday.
The patient’s brother, Amjad, has so far been unable to secure an extension to the visa.
“If Imran’s visa is cancelled, it means his stay becomes illegal and he faces an uncertain future,” Amjad said. “I’ve no idea where he can go, as he holds a Pakistan passport but has no home or relatives there. All immediate family are either in Canada, the US or in the GCC.
“Imran has no country or place to go. He cannot be thrown anywhere as he needs 24/7 care either in hospital or a specialist rehabilitation for his needs.”
Although his family live in Canada, he has lost his Canadian permanent residency because of his prolonged stay in hospital.
Dow Corning, now Dow DuPont – an American multinational chemical company, where Imran was an executive – insists it has fulfilled its duty of care for the father of four.
“Dow Corning ensures that employees are treated fairly as per our policy and the required laws and regulations locally,” a spokesman said.
Amjad, who has been travelling regularly from Bahrain to visit his brother as the only family member in the region, said it was becoming distressing to see his brother’s health deteriorate.
A Dubai court has appointed him as Imran’s legal guardian.
“Imran’s day-to-day care is good but he was not getting the physiotherapy he needs,” Amjad said.
“After several follow-ups with the hospital, they eventually started providing regular physiotherapy.
“We think it has become a financial issue. Imran can’t communicate so I am responsible for his human rights and care. I’ve asked for Imran’s latest medical records but Mediclinic has refused to hand them over and has said I need a court order.
“We have submitted the request to the court but they have not responded yet. The nature of the case is very big, so everyone is being cautious and taking their time.
“Imran’s health is deteriorating in this time.”
An independent committee has been formed by the health ministry to decide if any negligence has taken place during Imran’s care. It was not available for comment.
“The condition of Mr Hussain is deeply saddening and our thoughts are with his family,” said Dr Pietie Loubser, chief clinical officer at Mediclinic Middle East.
“We can confirm that we have fully co-operated with the regulator and local authority and the matter is now before the Dubai Courts.
“We reject any allegation of negligence on the part of Mediclinic City Hospital and Mediclinic Middle East or any of its employees.
“Mediclinic has an excellent track record of looking after its patients over many years and continues to uphold the highest standards of medical care, and conducts its business with a focus on patient safety and well-being.”
Although Mediclinic City Hospital is in Dubai Healthcare City, the authority said it was no longer in a position to help Imran’s family resolve their negligence claims.
In an earlier statement, Dr Ramadan Al Blooshi, chief executive of Dubai Healthcare City Authority’s regulations department, said: “Any case that is criminal in nature and or related to monetary compensation is outside of the jurisdiction of the Dubai Healthcare City free zone.
“For us patient safety remains a top priority, and in instances when cases are referred to other authorities, such as in this case, we trust our judicial system.”
Amjad said: “It is very tough. For 18 months we’ve had no progress. It’s a complicated case, and no one wants to take responsibility.
“Those involved are just concerned about the financial implications and the damage to reputation.”
Everyone is being cautious and taking their time but Imran’s health is deteriorating in this time
AMJAD HUSSAIN
Patient’s brother