The Dubai Courts have upheld a judgment in a medical malpractice case, dismissing appeals from a hospital and the treating physician, following a patient's severe and permanent disability caused by negligent medical care.

The patient underwent a joint replacement surgery at the hospital on December 20, 2021. Soon after the operation, he experienced severe pain and difficulty in moving his leg.

Despite returning to the hospital for corrective surgery, his condition did not improve. He was forced to fly abroad and pursue treatment in Italy. Italian medical specialists documented the persistent complications and performed multiple corrective procedures to save his leg from potential amputation.

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The patient lost approximately 80 per cent of its original function and continues to experience significant pain and mobility limitations.

The patient now faces lifelong limitations. He cannot walk unaided, perform basic activities independently, or fully care for himself. He requires ongoing medical treatment, rehabilitation, and specialised equipment, with significant costs borne by him and his family. The emotional and financial toll on his family has been severe, as they provide full-time caregiving while managing mounting medical expenses.

The Supreme Committee for Medical Liability reviewed the case and, on December 26, 2023, concluded that the care provided by the attending physician was grossly negligent and deviated from recognised medical standards. The Committee found a serious failure to follow proper procedures, resulting in permanent disability affecting the patient's right leg.

The patient filed a civil lawsuit demanding Dh20 million in compensation for material and moral damages, citing both the hospital's and the physician's responsibility. The hospital also filed a counterclaim of Dh312,000 for treatment fees, which the court rejected, noting that the patient's worsening condition was a direct result of medical errors rather than any action on his part.

On March 17, 2025, the Dubai Civil Court ruled in favour of the patient, awarding him Dh1 million in compensation for his permanent disability, pain, and suffering. Both the hospital and the treating physician appealed, challenging the liability findings and the compensation amount.

After reviewing the appeals, the Dubai Court of Cassation rejected both appeals, upholding the original judgment. In the judgment posted in October, the court emphasised that the Supreme Committee for Medical Liability's report was final and that courts have discretion to determine compensation for bodily harm, permanent disability, and psychological suffering, based on the severity of the injury and its impact on the patient's life.

The court also ordered the appellants to cover legal expenses and attorney fees, reinforcing the authority of medical liability committees in Dubai and underscoring the judiciary's commitment to protecting patient rights in cases of gross medical negligence.

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