Patient awarded Dhs100,000 over medical error in Abu Dhabi after 20 per cent foot disability

The Court of Cassation in Abu Dhabi rejected an appeal against a ruling awarding a patient Dhs100,000 in compensation due to a non-gross medical error by the treating physician.

The error resulted in the patient experiencing difficulty in walking due to a permanent disability of approximately 20% of the original functionality of the foot. The court clarified that the UAE legislator has been keen on balancing the need for doctors to have reassurance, confidence, and freedom in practising their profession, while also ensuring patients are protected from medical errors and have the right to compensation for resulting damages.

The court referred to Article 18 of Decree-Law No. 4 of 2016 concerning Medical Liability, which stipulates that compensation claims arising from medical liability are only admissible after recourse to and review by Medical Liability Committees.

Additionally, Article 19 of the same law mandates that all complaints related to medical errors be submitted or referred to the health authority, which has the right to refer complaints to the Medical Liability Committee, the court stated.

The committee then must prepare a report on each case and submit it to the health authority within thirty days from the date of referral.

According to case file, the Medical Liability Committee stated in its report that the healthcare provided by the doctor did not meet established medical standards and that he committed a non-gross medical error by failing to directly dealing with the case and delaying surgical intervention, resulting in difficulty in walking and a permanent disability of 20%.

The court noted that the case files lacked evidence proving the patient was employed at the time of the surgery, especially since his age at that time exceeded the legally mandated retirement age. Additionally, medical reports confirmed that the patient arrived at the hospital in a wheelchair, indicating he was unable to walk before the surgery. The court explained that the appealed ruling awarded the appellant Dhs100,000 as compensation for material and moral damages, which it deemed sufficient. Consequently, the court rejected the appeal.