Dubai Appellate Court has issued a ruling compensating an Arab patient with Dhs1 million, after he suffered a severe medical error during a surgery at a private hospital in Dubai, resulting in permanent brain damage and a coma.
The Court of First Instance had previously ruled to compensate the patient with Dhs7.5 million, but both the hospital and the patient’s family appealed the verdict.
The details of the case date back to March 2023, when the patient underwent a surgical procedure using laser to remove a cervical disc and local injection of cortisone, under the supervision of a medical team consisting of a surgeon and an anesthesiologist.
After the operation, the patient allegedly experienced serious complications which resulted in a complete brain damage due to oxygen deprivation, causing him to fall into a permanent coma.
The patient’s family filed a complaint with the Medical Liability Committee at the Dubai Health Authority (DHA) and then with the Higher Medical Liability Committee (HMLC).
Both committees affirmed in their reports that a severe medical error had occurred, along with negligence on the part of the anesthesiologist for leaving the operating room before the patient regained consciousness.
The report concluded that both the surgeon and the anesthesiologist were held responsible for the error, with a 50% share of responsibility for each.
The patient’s family filed a compensation claim before the civil court, demanding a compensation of Dhs57 million for the material and moral damages they suffered due to the loss of their primary breadwinner.
After examining the case, the Court of First Instance issued a ruling obliging the hospital and the doctors to pay a compensation of Dhs7.5 million, with a legal interest of 5% annually from the date of the ruling until full payment.
Following the ruling, both parties filed appeals before the Appellate Court and the plaintiffs demanded an increase in the compensation amount to Dhs57 million, while the appellees challenged the ruling, requesting complete annulment.
After examining the appeals, the Appellate Court decided to modify the ruling of the Court of First Instance by reducing the compensation amount to Dhs1 million. The court also ordered the appellees to jointly pay the amount, along with bearing the legal fees.
Dr Alaa Nasr, the legal representative of the patient and his family, stated that determining the compensation amount is the court’s responsibility, that assesses it based on its estimation of the material and moral damages incurred by the harmed party.
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