UAE court orders hospital, doctor to pay Dh75,000 in medical malpractice case

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.

Material and moral damages

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.

Understanding medical errors and legal accountability in the UAE

Medical errors refer to harm caused to a patient due to negligence or failure by a healthcare provider. These errors can result in legal liability, whether civil or criminal, depending on the severity and consequences.

Legal responsibility for medical errors in the UAE

1. Civil liability:

Applies when medical negligence causes harm, entitling the patient to compensation for damages.

2. Criminal liability:

Applies in cases of gross negligence resulting in death or severe injury, with penalties including imprisonment and fines.

Types of medical errors

• Diagnostic errors: Incorrect or delayed diagnoses.

• Treatment errors: Inappropriate treatments or failure to follow procedures.

• Surgical errors: Operating on the wrong site or leaving instruments inside the body.

• Anesthesia errors: Incorrect dosage or inadequate monitoring.

• Negligence: Poor hygiene or failure to prevent infections.

UAE Medical Liability Law

The Medical Liability Law defines and limits the scope of medical errors and establishes healthcare providers’ legal responsibilities. Penalties range from fines to imprisonment based on error severity.

Victims or their heirs may settle with the accused in criminal cases, possibly leading to dismissal of criminal charges while preserving the right to pursue civil compensation.

How to file a complaint

Patients may file medical malpractice complaints with local health authorities or the Ministry of Health. A specialised medical committee reviews the complaint to determine error severity. If deemed gross negligence, the complainant may pursue legal accountability and financial compensation in court.