The ruling follows a medical error that occurred during her son’s treatment
The Abu Dhabi Family, Civil and Administrative Claims Court has ruled in favour of a woman who filed a medical malpractice lawsuit, ordering a hospital and a doctor to jointly pay her Dh75,000 in compensation, along with legal expenses and attorney fees.
The ruling follows a medical error that occurred during her son’s treatment.
The case stems from when the plaintiff, a mother, took her son to the hospital due to persistent pain. The doctor in charge failed to repeat necessary tests that showed no inflammation, neglected to perform a CT scan for proper follow-up, and did not prescribe the appropriate antibiotic.
These oversights—attributed to gross negligence and professional misconduct—caused the son physical and emotional harm. Consequently, the mother filed a lawsuit demanding Dh350,000 in compensation, 12% legal interest, and reimbursement of all legal costs.
Court documents state that under UAE law, a physician must exercise a high degree of professional care and skill consistent with standard medical practices.
The expected standard is that of an average, competent, and diligent practitioner. The court emphasised that any deviation from this standard constitutes a medical error, with liability determined by the extent of harm caused and the direct causal link between the error and the damage.
Proven negligence and error
The court clarified that the hospital exercised supervisory authority over the doctor, making it liable for her actions. A report from the Supreme Medical Liability Committee, assigned to the case, confirmed medical error and negligence during the procedure.
The findings showed accepted medical protocols were not followed, and surgery was conducted without necessary precautions. Consequently, the court ruled that the plaintiff’s son was entitled to compensation for both physical and emotional damages, awarding a total of Dh75,000.
Source: Gulf News
