An Abu Dhabi court has upheld a ruling ordering a hospital and a doctor to jointly pay Dh350,000 in compensation to a father after a medical error occurred during his son’s vaccination in Al Ain.
The case began when the father filed a lawsuit alleging that the doctor failed to administer the vaccine correctly, both in terms of method and injection site.
Although the error did not cause permanent disability, the Medical Liability Committee confirmed that a medical mistake had been made.
The Court of First Instance initially awarded Dh300,000 in compensation. On appeal, however, the Court of Appeal increased the amount to Dh350,000 after reviewing findings from the Supreme Medical Liability Committee.
The doctor and the hospital then filed a further appeal, attempting to transfer part of the liability to their insurance provider. The Court of Cassation rejected this, ruling that under UAE law, insurance disputes must first be brought before the Insurance Dispute Resolution Committee.
In clarifying responsibility, the court said the hospital is liable for the actions of its employees under Article 313 of the Civil Transactions Law. While UAE law does not hold doctors accountable for a patient’s lack of recovery, it does require them to exercise the level of care expected of a reasonably competent physician under similar circumstances.
With the latest ruling, both the hospital and the doctor remain jointly liable for paying the Dh350,000 compensation to the father.