In a significant legal development, the Abu Dhabi Court of Cassation has upheld a Dh350,000 compensation award for a father whose child suffered due to a medical error during a vaccination procedure in Al Ain. This decision underscores the UAE’s commitment to patient rights and the accountability of healthcare providers.
Background of the Case
The incident occurred when the father took his son to a local hospital for a routine vaccination. Allegedly, the attending doctor administered the vaccine incorrectly, both in terms of the injection technique and the site of administration. While the error did not result in permanent disability, it caused significant distress and concern for the child’s well-being.
The father filed a lawsuit against the hospital and the doctor, seeking compensation for the harm caused. The case was reviewed by the Supreme Medical Liability Committee, which confirmed that a medical mistake had occurred, although it did not classify the error as gross negligence.
Legal Proceedings and Court Rulings
Initially, the Court of First Instance awarded Dh300,000 in compensation. However, upon appeal, the Court of Appeal increased the amount to Dh350,000, taking into account the findings of the Supreme Medical Liability Committee.
Subsequently, both the hospital and the doctor filed further appeals, attempting to transfer part of the liability to their insurance provider. The Court of Cassation rejected this, ruling that under UAE law, insurance disputes must first be brought before the Insurance Dispute Resolution Committee.
The court clarified that the hospital is liable for the actions of its employees under Article 313 of the Civil Transactions Law. It emphasized that while UAE law does not hold doctors accountable for a patient’s lack of recovery, it does require them to exercise the level of care expected of a reasonably competent physician under similar circumstances.
Implications of the Ruling
This ruling highlights the importance of adhering to established medical protocols and the legal responsibilities of healthcare providers. It serves as a reminder that errors, even if not resulting in permanent harm, can have significant emotional and psychological impacts on patients and their families.
The decision also reinforces the role of the Supreme Medical Liability Committee in assessing medical errors and guiding judicial decisions in such cases. By upholding the compensation award, the court has demonstrated its commitment to ensuring that victims of medical errors receive appropriate redress.
Broader Context: Medical Malpractice in the UAE
The UAE has seen a series of rulings related to medical malpractice, reflecting an increasing awareness and enforcement of patient rights. For instance, in a recent case, a mother was awarded Dh75,000 after her son suffered due to medical negligence. The court found that the doctor failed to repeat necessary medical tests, perform required CT scans, and prescribe appropriate antibiotics, constituting a breach of medical protocols.
Another notable case involved a family who received Dh400,000 in compensation after their child died due to medical negligence. The court held both the hospital and the doctors responsible for the fatal error, emphasizing the importance of timely and appropriate medical intervention.
These cases illustrate the UAE’s evolving legal landscape concerning medical malpractice and the growing recognition of patients’ rights to seek compensation for harm caused by medical errors.
Conclusion
The Abu Dhabi Court’s decision to uphold the Dh350,000 compensation for the medical error during a child’s vaccination underscores the importance of accountability in healthcare. It sends a clear message that medical professionals and institutions must adhere to established standards of care and that patients have the right to seek redress when those standards are not met.
As the UAE continues to develop its legal framework concerning medical malpractice, this case serves as a precedent for future rulings and reinforces the nation’s commitment to patient safety and justice.
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