Gynaecologist ordered to compensate woman 16 years later
A Limassol-based gynaecologist must compensate a client over 16 years later after the Supreme Court ruled he billed her for an operation that was deemed unsuccessful, it emerged on Tuesday.
The story, dating back to March 29, 2007, involves surgical interventions and a subsequent dispute that found its way into the courtroom.
The appellant initially underwent surgery performed by a gynaecologist in Limassol, aiming to address fertility challenges. The procedure, documented digitally and handed to the appellant, was aimed to remove tissue dividing the uterus impediment to conception.
However, as time elapsed, fertility concerns persisted, leading the appellant to seek a second opinion from a different medical professional.
This time, the woman visited a specialist from the United States. That examination revealed that contrary to the initial understanding, only a fraction of the septum had been removed in the first surgery.
Then, the woman underwent a second surgery, successfully removing the entire septum.
Fuelled by the belief that the initial procedure had not achieved its intended purpose, the appellant initiated legal proceedings against the gynaecologist.
However, the Limassol District Court initially ruled in favour of the medical practitioner, prompting the appeal to the Supreme Court.
The appeal was lodged on the grounds that the district court judge essentially functioned as an expert witness by issuing a decision based on reviewing the digital disc provided by the gynaecologist who performed the initial surgery.
But the supreme court sided with the appellant, explaining that according to the law and practice, the court cannot act as an expert in matters that involve scientific knowledge.
Acknowledging the discrepancies in the medical procedures, the legal saga ended with the court awarding the woman €2,050.32. This amount corresponds to the money she had paid for the surgery back in 2007. Additionally, legal costs were awarded in her favour.