Abu Dhabi court raises malpractice payout to Dh1.4 million from Dh1 million

Dubai: The Abu Dhabi Civil Family Court has increased the compensation awarded to the family of a man who died due to medical error, raising the amount from Dh1 million to Dh1.4 million. 

The case began when the deceased’s widow and children filed a civil suit against a hospital and an intensive care physician, seeking Dh2 million in damages for moral, psychological, and material harm, in addition to Dh200,000 in blood money. 

They argued that the man died in the hospital as a result of negligent treatment by the consultant in charge.

A medical liability committee found both the hospital and the doctor equally responsible for the death. The report concluded that the hospital had failed to staff its intensive care unit with the necessary specialists, instead allowing a general practitioner to oversee critical cases. 

The physician himself was faulted for not recognizing the patient’s deteriorating condition in time and failing to intervene appropriately, leading to the worsening of his state and eventual death.

The Court of First Instance had previously ordered the defendants, jointly and severally, to pay Dh1.2 million in blood money, along with court fees, expenses, and legal fees. 

Both sides appealed: the family pressed for higher compensation, citing the severity of their loss and the financial dependency of the widow and young children, while the defendants sought to overturn the ruling, arguing misapplication of the law and lack of evidence of direct causation.

In its latest ruling, the Court of Appeal sided with the family on the issue of compensation, finding that the loss of the primary breadwinner imposed substantial material and emotional harm. 

The court emphasized that the children remain in education with no independent source of income, and that under both law and tradition, the father’s support is indispensable until children are grown or married.

“His death left them without their main source of livelihood and deprived them of his care and affection,” the judgment stated, affirming the family’s entitlement to greater financial relief.

The court dismissed the defendants’ counter-appeal, which claimed that no malpractice had occurred. 

It upheld the medical committee’s conclusion that, although the error was not classified as gross negligence, it nevertheless contributed directly to the patient’s death.

The court ordered the hospital and doctor to pay Dh1.4 million in compensation, to be distributed equally among the heirs, and assigned costs of the appeal to the defendants.