Healthcare

The Dubai Courts have upheld a ruling awarding Dh1 million in compensation to a patient who suffered a severe and permanent disability following a joint replacement surgery that went wrong. The judgment dismissed appeals from both the treating physician and the hospital, reaffirming their legal responsibility for the harm caused.

The patient underwent the surgery on December 20, 2021, but soon after developed extreme pain and difficulty moving his leg. Seeking relief, he later travelled abroad, where specialists performed corrective procedures and documented the lasting complications. Reports indicated that his right leg lost about 80 per cent of its original function, leaving him with chronic pain and limited mobility.

Findings of Negligence

The case was reviewed by the Supreme Committee for Medical Liability, which, on December 26, 2023, concluded that the attending physician had been grossly negligent, deviating from accepted medical standards and directly causing permanent disability to the patient.

The committee’s findings formed the foundation of the civil lawsuit that followed, in which the patient initially sought Dh20 million in damages.Legal Arguments and Counterclaims

During the proceedings, the physician denied wrongdoing, while the hospital attempted to distance itself from liability, claiming the doctor was an independent practitioner. The facility also filed a counterclaim seeking Dh312,000 in unpaid medical fees.

However, the court rejected the hospital’s counterclaim and clarified that under the principle of vicarious liability, hospitals can be held accountable for negligent treatment when they provide the infrastructure, staff, and facilities—even if the doctor involved is not a direct employee.

Compensation and Final Judgment

On March 17, 2025, the Dubai Civil Court ruled in favour of the patient, awarding Dh1 million in compensation for physical harm and emotional suffering.

Subsequent appeals by the physician and the hospital were dismissed by the Dubai Court of Cassation, which upheld the original ruling. The court reaffirmed the binding authority of the Supreme Committee’s findings and emphasised that judges retain discretion to determine fair compensation in such cases.

In its final decision, the court also ordered the appellants to pay all legal costs and attorney fees.

Key Takeaways:

• The patient’s leg lost 80% of its function following negligent surgery.

• The physician was found grossly negligent by the Supreme Committee for Medical Liability.

• The hospital was held jointly liable under vicarious liability principles.

• The Dubai Court of Cassation upheld the Dh1 million compensation award.

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