(MENAFN- Khaleej Times)

Two doctors and two nursers at a private hospital in Dubai were ordered by the Dubai Civil Court to pay Dh200,000 in compensation to the parents of a fetus who died in the mother's womb during delivery.

The court found them guilty of committing a serious medical error, according to a report by Al Khaleej . The court imposed a 5 per cent legal interest from the date the ruling becomes final until full settlement, along with court fees and expenses.

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The ruling follows a lawsuit filed by an Arab couple seeking seeking Dh499,000 in damages for the physical, psychological, and financial harm suffered by the wife following the loss of her baby, as well as the emotional distress endured by the husband.

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According to case records cited by Al Khaleej, the wife had been under under continuous medical supervision at the hospital throughout her pregnancy. However, negligence during delivery - specifically the failure to monitor the fetal heart rate and respond to warning signs - resulted in the baby's death in the womb.

The parents lodged a complaint with Dubai Health Authority's Medical Liability Committee, which found that the hospital staff had committed a grave medical error by deviating from standard medical procedures. When the defendants filed an appeal, the Higher Medical Liability Committee upheld the original findings. It concluded that the responsiblity was equally shared among the two doctors and two nurses, assigning 25 per cent liability to each.

The errors included misreading the fetal monitor, failing to classify the pregnancy as high-risk, stopping the fetal monitoring device, and neglecting to track the baby's heartbeat for an extended period. The committee confirmed these collective mistakes directly caused the fetus's death.

In response, the hospital and its staff denied negligence, suggesting the death may have occurred naturally due to complications such as umbilical cord entanglement or genetic factors. They also argued that the fetal monitoring device had been temporarily removed at the mother's own request so she could eat and use the restroom, despite medical advice against it.

Legal expert Dr Alaa Nasr explained, speaking to Al Khaleej, clarified that that under Federal Decree Law No. 4 of 2016, medical liability committees are responsible for identifying medical errors, determining severity and cause, and assigning accountability. Their final reports are binding and not subject to appeal. He noted that the court relied on these findings, along with provisions of the Civil Transactions Law, which stipulates compensation must correspond to the extent of the harm.

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