Dubai Court orders Dh70,000 payout for infant's burns in hospital negligence case

Dubai: The Dubai Court of Appeal has upheld a lower court’s ruling ordering a private hospital to pay Dh70,000 in compensation after a three-month-old Emirati infant sustained unusual burns during surgery. The court found that faulty medical equipment in the operating room caused the injury, Emarat Al Youm reported.

According to court documents, the infant underwent surgery on his left kidney at the defendant hospital where the operation was declared medically successful. However, the child’s father discovered burn marks on his son’s right leg shortly afterward. Hospital staff attributed the injuries to contact with a thermal mattress used during the procedure.

The father filed a police complaint, prompting a forensic medical examination. The report concluded that the burns resulted from exposure to a hot surface and recommended follow-up after three months. A subsequent review by Dubai Health Authority’s medical committee suggested the burns were more likely caused by a malfunction in a cauterization device or dispersive pad, with the injuries spreading to several parts of the infant’s body.

The father filed a civil lawsuit demanding Dh100,000 in damages for physical and moral harm, plus 5 per cent annual interest, legal fees, and court costs. In April, the civil court ordered the hospital to pay Dh70,000, along with 5 per cent annual interest from the date of judgment, in addition to costs and Dh500 in legal fees.

Both parties appealed: the hospital sought to overturn the ruling, arguing the damages were not proven conclusively and that the court had erred in applying the law. The father, meanwhile, requested an increase in compensation to Dh100,000, citing the severity of the harm.

The Court of Appeal dismissed both appeals, upholding the lower court’s ruling. In its reasoning, the court stressed that hospitals are responsible for equipment under their supervision and found that medical and forensic reports confirmed the burns were caused by a technical fault during the operation. It concluded that the awarded sum was proportionate to the proven harm.