The Dubai Civil Court of First Instance ruled that a couple must pay AED1,140,650 to the hospital, out of a claim exceeding AED2,328,000. The decision followed a medical expert report that found the patient's continued stay in the intensive care unit was not medically justified for the entire duration of her hospitalisation, despite her need for ongoing treatment, care and rehabilitation.
The case dates back to the patient's admission to the hospital in a critical, life-threatening condition. She required resuscitation, emergency care and intensive treatment.
After giving treatment for more than a year, the hospital demanded that the patient and her husband pay AED2,328,000, representing the balance of the treatment bill after deducting a previous payment of AED32,500 made by the husband. The hospital stated that he had signed the consent form for her admission and undertaken to pay all fees and expenses.
The husband disputed the claim, arguing there was insufficient evidence to justify the full amount sought. He requested a review of the medical records and invoices, verification of the necessity of the medical procedures, and an assessment of the reasonableness of the duration and cost of treatment. He also sought a detailed breakdown of the services provided and their actual costs.
The court referred the matter to a committee of medical experts. The key issue examined was the period during which the patient remained in intensive care.
The committee concluded that the patient's condition on arrival was urgent, critical and life-threatening, and that admission to the intensive care unit and intensive treatment were medically necessary for approximately 45 days.
However, the committee found that, after that period, the patient was medically fit to be transferred to a lower level of care. It noted that she still required medical and nursing care, physiotherapy, rehabilitation, wound care and tube feeding, but no longer needed an intensive care bed.
The report stressed that this conclusion did not negate her need for continued treatment. Rather, it related to the appropriate level of care and whether there was justification for her remaining in intensive care for more than one year and three months until her discharge.
The expert report found that the pricing of services and medicines listed in the invoices was correct. However, it recalculated the amount due by replacing the intensive care unit charges for the period deemed medically unjustified with general ward charges.
According to the account linked to the provisional invoice on which the hospital based its claim, the amount due after this adjustment and after deducting the previous payment was AED1,140,650.
The expert also noted a discrepancy between the provisional invoice and the final invoice, which included services exceeding AED2.55 million in value. The matter was left to the court to determine which invoice to adopt. The court ultimately relied on the provisional invoice, as its value corresponded with the hospital's final claim.
In its judgment, the court stated that the patient received the necessary treatment and medical procedures to save her life and benefited from the services provided by the hospital. It also noted that she was not covered by health insurance at the time of admission and was therefore liable for the treatment costs.
The court relied on the husband's signature on the admission form, which included his consent for his wife to receive the necessary medical care, diagnostic procedures and treatment. The form also contained his undertaking to pay all fees and expenses due for the services provided, including any outstanding amounts. The court held that this undertaking created a binding obligation on his part.
The court ordered the couple, jointly, to pay AED1,140,650, together with legal interest at 5 per cent per annum from the date the lawsuit was filed until full payment. They were also ordered to pay court fees, expenses and AED1,000 in legal fees.