The Dubai Civil Court of First Instance ruled that a pediatrician and the hospital where he works must jointly pay AED350,000 in compensation to the father of an infant. The court found that the doctor committed a medical error by failing to take the necessary measures for diagnostic examination and clinical monitoring of a premature child suffering from respiratory distress.
The child's family had visited the hospital more than once because of his breathing difficulties. His condition later deteriorated sharply, and he was taken to another hospital suffering from cyanosis and severe oxygen deprivation. He was rescued in the final moments.
According to court records, the father said the baby was delivered by caesarean section at 34 weeks of pregnancy and was immediately transferred to intensive care because of breathing difficulties. After his condition improved, he was discharged from hospital.
After returning home, the child's mother noticed persistent nasal congestion, noisy breathing and a frequent cough. This prompted her to visit the hospital several times, where the infant was examined by the defendant pediatrician, who, according to the lawsuit, said there was no cause for concern.
Because of the continuing symptoms, the mother took the child back to the hospital again. The doctor conducted a clinical examination and considered his condition normal. However, the infant's condition later worsened, and the family transferred him to Al Jalila Specialist Hospital.
He arrived suffering from cyanosis, severe oxygen deprivation and respiratory arrest, requiring urgent intervention to revive him from what his father described as a "respiratory stroke" that affected his lungs and immune system.
Following the incident, the child's father filed a complaint with the Dubai Health Authority's Medical Liability Committee. The committee concluded that a serious medical error had been committed by the doctor.
The doctor appealed the decision before the Supreme Committee for Medical Liability. The committee confirmed that a medical error had occurred but classified it as non-serious because there was no evidence that the child had suffered a permanent disability as a result.
The Supreme Committee said the care provided to the child violated accepted medical standards because the necessary measures for diagnostic examination and clinical monitoring were not taken for a premature child suffering from respiratory distress.
The court adopted the committee's findings and accepted that a medical error had been proven. It stressed that the error's classification as non-serious did not remove liability once damage had been proven and linked to the medical error.