Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Executive Summary
The father of a young child sued a healthcare facility and the treating doctors for medical negligence. The lawsuit is about a failure to diagnose a medical condition, which led to the permanent loss of the affected organ. Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy represented the father of a young child throughout these proceedings. The case shows that the Supreme Committee for Medical Liability has ultimate authority and the application of liability in the UAE.
Factual Background
The child went to the hospital with severe pain, swelling, and redness. The specialized consultants only found mild inflammation. They sent the child home with medicines.
Later surgery showed that the patient had an advanced infection, and the surgeons had to take out the affected organ. The claimant then filed a complaint with the Dubai Health Authority, which led to an investigation.
Findings of the Supreme Committee
The Supreme Committee for Medical Liability did a thorough review of the case and found that the doctors breached basic medical rules. The committee concluded that responsibility for the medical error was shared. The diagnostic imaging was not accurately interpreted, which led to a misleading clinical picture and contributed to an incorrect or delayed treatment approach; also, timely surgical action was not initiated. As a result of these combined failures, the patient suffered irreversible damage to the affected organ, amounting to a permanent disability.
Judicial Analysis: Court of First Instance (CFI)
The CFI’s reasoning was anchored in Federal Decree-Law No. (4) of 2016 regarding medical liability and the Civil Transactions Law.
- Standard of Care and Medical Error
The court said that the mistake was not following accepted professional standards under Article 6 of the Medical Liability Law. It made it clear that a doctor’s duty is to use the right tools, not to get the right results. The defendants’ failure to effectively use available diagnostic tools was a violation of this standard.
- The Binding Nature of Expert Reports and Liability
The Supreme Committee is the legal body in the UAE that can decide if a medical error has occurred. The committee’s final reports established the liability.
The court found the hospital responsible under Article 313 of the Civil Transactions Law, and the court of first instance awarded compensation with legal interest.
Appellate Review: Court of Appeal
Both sides appealed: Mrs. Awatif Al Khouri, on behalf of the client, sought an increase in the compensation amount, while the defendants sought dismissal of the case. The appellate court said that the initial award was inadequate, given the
- Permanent Physical Loss: The child has a 100% disability of the affected organ for the rest of their life.
- Moral Agony: The mental pain that the parents went through when they saw their child in so much pain.
- Logistical Burden: Costs associated with emergency international travel and specialized foreign medical care.
The Court of Appeal increased the amount of compensation and dismissed the defendant’s appeal.
Conclusion
The ruling reinforces the significance of the medical committee’s findings and the compensation to cover the damage caused to the victim and their family. This case reflects the dedication of Mrs. Awatif Al Khouri to protecting the rights of vulnerable clients and ensuring that those responsible for medical negligence are held fully accountable.
Author: Awatif Al Khouri