Abu Dhabi Court orders doctor and hospital to pay Dh50,000 for surgical error

Abu Dhabi Civil Family Court has ordered a doctor and a private hospital to jointly pay a patient Dh50,000 ($13,600) in compensation after ruling that a surgical error, while not severe, nonetheless caused harm requiring corrective surgery.

The case was brought by the patient, who had sought Dh200,000 in damages along with 12 percent annual interest, alleging that the surgeon had failed to provide the standard of care during a spinal fusion procedure. 

According to court filings, the doctor used an ill-fitted cervical cage, which later forced the patient to undergo an additional corrective operation.

The Supreme Committee of Medical Liability concluded that the error did not amount to gross negligence but was nonetheless a breach of proper medical practice. The hospital, as the doctor’s employer, was deemed jointly liable.

In its judgment, the Abu Dhabi Civil Family Court said it was satisfied with the committee’s findings, describing the report as “technically sound and prepared by specialists.” 

The court ruled that both the physician and the hospital were responsible for compensating the patient for material and moral damages. 

The judges, however, dismissed the plaintiff’s broader claim for Dh200,000, concluding that the compensation of Dh50,000 was sufficient and proportionate to the harm suffered. Both defendants were also ordered to cover court fees and expenses.