A court in Abu Dhabi has upheld a ruling awarding a father Dh350,000 in compensation for a medical error during his son’s vaccination procedure.
The case stems from a lawsuit filed by a father in the city of Al Ain against a hospital and a doctor, claiming that the doctor erred during the administration of the vaccination.
Despite the fact that this mistake did not result in any permanent disability, the doctor did not administer the vaccination in the right place and she did not use the right method of vaccination, the father argued.
Stay up to date with the latest news. Follow KT on WhatsApp Channels.
The Medical Liability Committee has determined that a minor medical error has occurred, and the Court of First Instance ruled in favour of the father, awarding him Dh300,000 in compensation, to be paid jointly by the hospital and the doctor.
After the doctor and the hospital appealed against this ruling, the Court of Appeal modified the ruling, increasing compensation to Dh350,000 after reviewing the Supreme Medical Liability Committee’s report.
Upon reviewing the legal application, the Court of Cassation rejected another appeal by the doctor and the hospital, in which they sought to shift part of the liability to their insurance company.
In its decision, the court said that UAE law requires that any insurance dispute must first be submitted to the Insurance Dispute Resolution Committee and since this procedure was not followed in this particular case, the claim was dismissed.
Therefore, the hospital and doctor were jointly liable for the medical error and responsible for paying the compensation (Dh350,000).
In clarifying the hospital’s liability in the case, the court stated that it is liable for the errors of its employees (the doctor in this case), according to Article 313 of the Civil Transactions Law. If the harm results from the employee while performing duties, the supervisor (hospital) is liable alongside the employee.
According to UAE laws, a doctor is not held accountable for the patient not recovering, but is held accountable if they fail to exercise the necessary care.
The standard for ‘necessary care’ is what a reasonably vigilant doctor with average knowledge and skill would provide under similar circumstances, following professional traditions and scientific standards.
