In a significant ruling for patient rights in the UAE, the Dubai Court of Cassation has upheld a Dh1 million compensation judgment in a medical malpractice case, rejecting appeals filed by both a hospital and the treating physician.
The judgment brings closure to a protracted legal battle that began after a patient suffered a severe and permanent disability following a joint replacement surgery performed in December 2021. The decision underscores the accountability of healthcare institutions and professionals in cases of gross medical negligence.
Surgery Leads to Life-Altering Complications
The patient underwent a joint replacement operation at a Dubai hospital on December 20, 2021. However, soon after the procedure, he began experiencing excruciating pain and difficulty moving his leg.
Despite undergoing a corrective surgery at the same hospital, his condition continued to deteriorate. Facing worsening symptoms, the patient eventually traveled abroad to Italy for further treatment.
Medical specialists in Italy documented the extensive complications and conducted several corrective procedures to prevent potential amputation. Their reports later played a key role in proving the extent of the damage caused by the negligent surgery.
Permanent Disability and Daily Struggles
Following multiple interventions abroad, doctors confirmed that the patient had lost approximately 80 per cent of the original function in his right leg. He continues to experience chronic pain and severe mobility limitations, affecting his quality of life and ability to work.
The patient’s medical records and testimony illustrated how the injury profoundly impacted his daily routine, with constant discomfort and reliance on mobility aids.
Findings of the Supreme Committee for Medical Liability
The Supreme Committee for Medical Liability — the UAE’s top medical review body — investigated the case in detail. On December 26, 2023, the Committee concluded that the attending physician’s actions were grossly negligent and deviated sharply from recognised medical standards.
It determined that proper post-surgical care and standard medical protocols had not been followed, resulting directly in the patient’s permanent disability. The Committee’s findings became central evidence in the subsequent civil lawsuit filed by the patient.
Civil Lawsuit and Compensation Demand
Based on the Committee’s findings, the patient filed a civil lawsuit against both the hospital and the treating physician, seeking Dh20 million in compensation for material and moral damages.
He argued that the hospital shared responsibility for allowing negligent care under its supervision. Meanwhile, the hospital counterclaimed Dh312,000, alleging unpaid treatment fees.
However, the court dismissed the hospital’s counterclaim, ruling that the patient’s deteriorating condition was a direct consequence of medical errors rather than any fault of his own.
Hospital’s Appeal and Legal Arguments
The hospital attempted to distance itself from liability, arguing that the physician was an independent contractor rather than an employee. Citing Article 313 of the UAE Civil Code, the hospital claimed it had no supervisory authority over the physician and therefore could not be held jointly liable.
The court, however, rejected this argument. It noted that a relationship of subordination exists whenever a hospital provides facilities, equipment, and nursing services to support a physician’s work.
This “moral subordination,” the court said, was sufficient to establish vicarious liability, since the patient had sought care at the hospital and not from the physician independently.
Court’s Findings on Responsibility
The Dubai Civil Court ruled that both the hospital and the physician bore joint responsibility for the malpractice. The court cited clear evidence that the surgery had been performed within the hospital’s facilities using its staff, equipment, and administrative oversight — constituting a supervisory relationship.
On March 17, 2025, the Civil Court ordered the hospital and physician to jointly pay Dh1 million in compensation for the patient’s permanent disability, pain, and emotional suffering.
Cassation Court Upholds the Judgment
Both defendants appealed the ruling, challenging both liability and the amount of compensation. However, after reviewing the evidence and the Committee’s findings, the Dubai Court of Cassation dismissed the appeals.
In its October 2025 judgment, the Court reaffirmed that the Supreme Committee for Medical Liability’s report is final and binding, serving as conclusive proof of negligence in such cases.
The Court also emphasised that determining compensation falls within the judiciary’s discretion, based on the gravity of injury, the degree of permanent disability, and the psychological impact on the victim.
Broader Implications for Medical Accountability
The ruling marks an important affirmation of the UAE’s legal stance on patient protection and hospital accountability. By holding both the physician and the hospital liable, the Court reinforced that healthcare institutions cannot escape responsibility for the actions of doctors practising under their supervision.
Legal experts say the decision will likely influence future medical negligence claims in the country, ensuring stronger enforcement of ethical and professional standards in the medical sector.
The Court also ordered both the hospital and the physician to pay legal costs and attorney fees, further cementing the principle that victims of malpractice deserve full redress.
Reinforcing Patient Rights in Dubai
The Dubai Courts have increasingly demonstrated a commitment to protecting patient rights and ensuring medical transparency. The ruling highlights the importance of oversight by the Supreme Committee for Medical Liability, which serves as a vital safeguard against negligence and malpractice.
For the patient, the judgment represents not just financial compensation but a long-awaited recognition of the hardship endured since 2021. For the broader healthcare community, it sends a strong message about the importance of adherence to professional care standards.
As Dubai continues to expand its medical infrastructure and reputation as a regional healthcare hub, this ruling underscores that patient welfare remains central to the emirate’s justice system.