Saadha's death: court advises state against attempts to dismiss the case

The Civil Court on Tuesday advised prosecution after the state tried to dismiss a case filed by the victim's family seeking compensation for death resulting from medical negligence at Gnaviyani atoll Fuvahmulah hospital.

In October 2021, the victim's family filed a case against the state over the death of Saadha Saudulla while undergoing treatment at Fuvahmulah Hospital, alleging negligence on the part of the hospital's doctors and nurses.

The prosecution questioned the Civil Court's jurisdiction on the grounds that the lawsuit was delayed, and a wrong form was used to file the case.

The Civil Court ruled that such cases have a 10-year period under the Civil Procedure Code. The decision also stated that the case was filed by Saadha's family less than three years after the incident. The prosecution's claim that the case was filed using the wrong form was unfounded, the ruling said.

The court held that although there is an opportunity to question the jurisdiction under the law, delaying the case by pointing out such objections in vain is not what the law envisages, and the liability of the state in such matters will be heavy. The court ruled that while there was an opportunity to question the jurisdiction under the law, delaying a case by pointing out such objections unnecessarily is not the way the law envisions it, and the state's responsibility will be higher in such matters.

The court ruled that there was no obstacle to proceeding with the case and advised the prosecution to act in good faith.

The Human Rights Commission (HRC) also said that the state could be sued for damages for the hospital's negligence.