High Court appeal filed after Civil Court dismisses lawsuit over unauthorized uvula removal!
2 އޯގަސްޓު 2026 | އާދީއްތަ 09:54The Civil Court has dismissed a lawsuit against Tree Top Hospital alleging the unauthorized removal of a patient’s uvula during surgery, citing a failure to follow proper legal procedures. In its ruling, the court stated that medical negligence claims must first be lodged with the healthcare provider or the Ministry of Health before legal action can be initiated. The plaintiff had sought over $4 million in damages, claiming the procedure resulted in significant physical and psychological trauma.
A photograph taken from outside the High Court. | High Court
An individual has appealed to the High Court after the Civil Court dismissed a lawsuit seeking over $4 million in damages from Tree Top Hospital. The claimant alleges that their uvula was removed without consent during a surgical procedure performed at the hospital.
This case was filed in connection with an incident that occurred during 2023.
The claimant alleged that during a tonsillectomy performed at Tree Top Hospital to treat an infection, his uvula was removed without his consent. Stating that the procedure resulted in significant physical and psychological trauma, he has petitioned the court for damages amounting to 1,080,000 Maldivian Rufiyaa and over 4 million US Dollars.
According to the lawsuit, the plaintiff discovered that his uvula was missing while he was hospitalized following the surgery. He stated that the discharge summary issued by the hospital made no mention of the uvula being severed, referring only to the tonsillectomy procedure. The lawsuit further alleges that when he questioned the omission, the hospital informed him that the removal of the uvula would only be documented in the records once the fees for that specific procedure were paid.
In its defense, Tree Top Hospital argued in court that the case was not filed in accordance with established legal procedures. Consequently, the hospital contended that there are no legal grounds for the court to hear the matter.
Upon reviewing the case, the Civil Court ruled that the lawsuit was filed without completing the mandatory legal procedures required before such matters can be brought before the court.
The court ruling stipulates that in the event of an issue arising from services provided by a healthcare facility, the matter must first be formally lodged with the respective hospital.
Furthermore, the court ruling stated that if a party is dissatisfied with the hospital's decision, the matter must then be submitted to the Ministry of Health. The Civil Court further determined that legal action may only be pursued in court if there is a grievance following a decision made by the Ministry's Commissioner of Quality Assurance. As these administrative procedures had not been exhausted, the court dismissed the lawsuit.
Consequently, his legal team has now filed an appeal in the High Court regarding this matter.
