Dubai woman awarded Dh1.5 million for surgeon’s mistake

The Dubai Court of Cassation upheld the verdict of the lower courts of compensating a woman with Dh1.5 million after she suffered disability due to medical error by a surgeon.

The court refused the appeal of the hospital and issued its verdict in favour of the plaintiff.

The victim had sued the hospital demanding compensation of Dh10million. She claimed that she went to the hospital for two surgeries on her legs -  to have an artificial joint on her right knee and a hinge on the left knee.

However, she claimed, that the doctor committed an error and she had to undergo a third surgery, which resulted in bleeding and damaging the nerves of her feet.

Medical reports confirm this led to permanent disability in the plaintiff and she now uses a wheelchair.

The Court of First Instance assigned a committee of physicians from Dubai Health Department to submit a medical report, which confirmed the surgeon committed medical errors that adversely affected the patient.

Therefore, the Court of First Instance ordered both the hospital and the insurance company  to compensate the patient Dh3m.

The patient and the hospital did not accept the judgment and moved the Court of Appeals, which in turn ruled ordered the hospital and to pay Dh1.5m.

The hospital didn’t accept the verdict and challenged it before the Court of Cassation, which gave the above ruling.

The Court of Cassation called for determining the amount of compensation for the error of the doctor.

The court said since the report of the committee confirmed a medical mistake by the surgeon, it rejects appeal of the hospital and upholds verdict of the lower courts.

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