Dubai: A female obstetrician lost her legal battle after a court convicted her of professional malpractice when she disfigured a newborn’s shoulder and paralysed her arm following a botched delivery.

The German national doctor was said to have caused the Swiss newborn girl a permanent disability in her shoulder and left her with arm paralysis when he mum went in labour in 2009.

The Dubai Appeal Court fined the German defendant Dh10,000 although she had pleaded not guilty and denied any professional malpractice.

Prosecutors charged the doctor, who is an obstetrician and gynaecologist, with causing 55 per cent permanent disability to the newborn’s arm when she pulled her out in a negligent way during the delivery.

The Dubai Misdemeanours Court had fined the German Dh10,000.

The defendant argued before the court that she provided the newborn and her mother with all the proper and professional medical care during the delivery.

According to the charge-sheet, prosecutors said the doctor failed to carry out her medical duties properly and committed medical malpractice that caused permanent disability of 35-55 per cent to the baby’s arm and shoulder.

The court also convicted the German of failing to estimate the baby’s weight and size properly and that she did not take or follow the required precautionary measures during the delivery.

The defendant appealed the primary ruling and sought to overturn her conviction before the Appeal Court.

The appellate court rejected the doctor’s appeal and upheld the fine of Dh10,000 against her.

Records said the obstetrician could have operated a C-section on the mother instead of a normal delivery considering that the newborn weighed around 4.7 kilograms.

The big-sized baby’s shoulder got stuck during the delivery and that was when the obstetrician pulled her out and pressed on her arms, according to records.

The parents of the Swiss baby, who is almost five years old today, lodged a civil lawsuit against the defendant and are seeking Dh201,000 in temporary compensation for their daughter.

Records said the parents failed to reach an amicable settlement with the German and the hospital where the delivery took place. The parents asked the obstetrician and the hospital to jointly pay them around Dh23 million.

According to the appellate ruling, the parents’ civil case has been referred to the Dubai Civil Court.

Before the case was referred to prosecutors, a Dubai Health Authority special committee looked into the case and concluded that the obstetrician committed medical malpractice. The committee found the defendant responsible and liable for the girl’s shoulder disfigurement and arm paralysis.

Court records said the newborn was diagnosed with Erb’s palsy, in which paralysis of the arm is caused by injury to the upper group of the main nerves, specifically the spinal roots. The committee confirmed that such injuries arise most commonly from shoulder dystocia during a difficult delivery.

In her complaint before Dubai Police, the mother claimed that she had been visiting the defendant regularly during her pregnancy.

“When I felt that I went into labour, I rang her up and she asked me to go to the hospital. My newborn turned out to be a big-size baby but the suspect did not inform me because she did not realise that until later. During the delivery, she told me in English that she hated big-sized babies. She was nervous and pulled my girl in a way that broke her shoulder blade. I did not know this until six hours later when one of the nurses informed me what happened… I was told that my baby girl could not move her left arm. When the defendant checked on my newborn, she claimed to me that her injury would heal in time and as my baby grew older. That did not happen,” the mother claimed.

Records said the newborn underwent several surgeries in and outside the UAE.

Meanwhile the German doctor dismissed the mother’s claims claiming that she provided the mother and her baby with proper medical care.

“When the baby’s head popped out, the mother was in severe pain and she was scared… she stopped pushing. I had to pull the baby out in order to save her life because in similar conditions the umbilical cord would be pressured and that could have led to the newborn’s death. So I saved her daughter’s life whereby I pulled the shoulders one at a time, with all professionalism,” claimed the doctor.

The ruling has become irrevocable.