A court in Abu Dhabi has confirmed a decision granting a father Dh350,000 in compensation due to a medical error made during his son’s vaccination.
The issue arose from a lawsuit by a father in Al Ain against a hospital and a doctor, alleging the doctor mishandled the vaccination procedure.
The mistake, while not causing any permanent disability, involved the doctor administering the vaccine incorrectly, according to the father.
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The Medical Liability Committee identified a minor medical mistake, and the Court of First Instance supported the father, awarding Dh300,000 in compensation from both the hospital and doctor.
After an appeal by the doctor and hospital, the Court of Appeal increased the compensation to Dh350,000 after reviewing the Supreme Medical Liability Committee’s findings.
The Court of Cassation dismissed another appeal by the hospital and doctor, who attempted to transfer part of the liability to their insurer.
The court noted that UAE law mandates any insurance dispute must first be presented to the Insurance Dispute Resolution Committee, and since this was not done, the claim was nullified.
Consequently, the hospital and doctor were held jointly responsible for the medical error and required to pay the Dh350,000 compensation.
The court clarified that the hospital is accountable for its employee’s errors (the doctor in this instance) as per Article 313 of the Civil Transactions Law, where the employer (hospital) shares liability with the employee for harm caused during duty.
Under UAE laws, doctors are not liable if a patient doesn’t recover, but they are accountable if they neglect necessary care.
‘Necessary care’ is defined by what a reasonably prudent doctor with average expertise would do in similar situations, adhering to professional and scientific standards.
