Dubai court orders hospital and doctor to pay Dh100,000 after couple loses unborn child
Court rules medical protocols were ignored during a critical moment in patient care
Dubai: A hospital in Dubai and a doctor have been ordered to compensate a couple after the loss of their unborn child, with a court awarding Dh100,000 in moral damages.
The Court of First Instance found that, while it could not be definitively established that earlier intervention would have saved the foetus, there had been a failure to follow proper medical protocols at a critical moment.
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A report by the Higher Committee for Medical Liability cited in the ruling highlighted that “time is a decisive factor” in such cases.
According to Emarat Al Youm, the pregnant woman sought medical attention after noticing reduced foetal movement. An ultrasound examination detected a heartbeat, albeit weak, but the attending doctor advised her to consult her primary physician without taking urgent action.
When the woman was unable to reach her regular doctor, she and her husband went to another hospital, where tests confirmed the absence of a heartbeat. The foetus had died in the womb due to the umbilical cord being wrapped around its neck, and the woman subsequently underwent a caesarean procedure.
The couple filed a complaint with the medical liability committee, which found shortcomings in the handling of the case, including the failure to carry out immediate procedures such as foetal heart monitoring or urgent referral. However, the committee did not conclude that the delay directly caused the death.
In its judgment, the court said a physician’s duty is to exercise due care in line with established medical standards, rather than to guarantee outcomes. Nevertheless, it ruled that the failure to take timely measures in a time-sensitive situation constituted a deviation from that duty.
While dismissing the claim for financial compensation due to lack of proof, the court found that the emotional distress suffered by the parents, linked to the delay and lack of immediate action, amounted to moral damage. It ordered the hospital and the doctor to pay compensation jointly and to cover legal fees.
