Abu Dhabi — A court in Abu Dhabi has upheld a ruling awarding a father Dh350,000 in compensation after a minor medical error occurred during his son’s vaccination procedure.
The case originated in Al Ain, where the father filed a lawsuit against a hospital and a doctor, alleging that the vaccination was improperly administered. Although the mistake did not lead to permanent disability, it involved incorrect placement and method during the procedure.
“The vaccination was not administered in the correct location, and proper technique was not followed,” the father argued during the legal proceedings.
The Medical Liability Committee reviewed the case and confirmed that a minor medical error had occurred. Initially, the Court of First Instance ruled in favor of the father, ordering the hospital and doctor to jointly pay Dh300,000 in compensation.
Following appeals from both the doctor and the hospital, the Court of Appeal revisited the case. After examining the Supreme Medical Liability Committee’s report, it modified the ruling, increasing the compensation to Dh350,000.
The doctor and hospital sought further appeal in the Court of Cassation, attempting to transfer part of the liability to their insurance company. However, the court rejected this appeal, noting that under UAE law, insurance disputes must first be submitted to the Insurance Dispute Resolution Committee — a procedure that had not been followed in this instance.
Consequently, both the hospital and the doctor remain jointly liable for the medical error and are responsible for paying the Dh350,000 compensation.
In clarifying liability, the court referred to Article 313 of the UAE Civil Transactions Law, stating that a hospital is accountable for the actions of its employees when harm occurs while performing their professional duties. This establishes joint responsibility for any errors made by staff during their work.
UAE medical law distinguishes between patient outcomes and professional accountability. A doctor is not held responsible if a patient does not fully recover, but can be held accountable if there is a failure to exercise the necessary care expected under professional and scientific standards.
The standard for ‘necessary care’ is defined as the level of vigilance and skill that an average doctor would exercise under similar circumstances. Courts consider whether medical professionals adhered to established practices and professional traditions.
Legal experts say the ruling underscores the importance of following proper procedures in medical care and demonstrates the UAE judiciary’s commitment to ensuring accountability in healthcare.
The father’s case serves as a reminder that even minor errors in medical procedures can result in significant legal consequences, emphasizing the need for vigilance, adherence to professional standards, and careful oversight in hospitals.
This ruling also reinforces the responsibility of healthcare institutions to maintain strict supervision over their employees, ensuring that patient care is delivered safely and competently.
This article was created using automation technology and was thoroughly edited and fact-checked by one of our editorial staff members