Abu Dhabi Court Awards AED 100,000 in Medical Malpractice Case
A ruling has been issued against an ophthalmologist and a medical center for inadequate care resulting in partial vision loss.
The Abu Dhabi Family and Civil Administrative Court has ordered an ophthalmologist and a medical center to pay AED 100,000 in compensation for a case of medical malpractice that was determined to not be severe.
The court concluded that the medical care provided to the patient did not meet the established medical standards.
Details of the case reveal that a man filed a lawsuit against the ophthalmologist and the medical center claiming AED 400,000 in both material and moral damages.
He also sought a referral to a medical committee to assess degrees of permanent disability and requested that the ophthalmologist’s medical license be suspended until the case was resolved.
The plaintiff alleged that he suffered vision loss due to medical errors made by the ophthalmologist employed at the medical center, rendering him unable to work.
In his complaint, the plaintiff reported issues with cataracts in both eyes.
Upon visiting the medical center, he consulted with the ophthalmologist who diagnosed him with cataracts in both lenses.
The doctor performed surgery to remove the cataracts from the left eye and implanted a lens, and later operated on the right eye to also implant a lens.
However, a perforation of the eye's posterior capsule occurred during the procedure, resulting in significant vision impairment in the right eye.
The plaintiff included in his lawsuit documentation, including images of the surgical report and findings from the Higher Medical Responsibility Committee.
The court referenced Article 6 of Federal Law No. 4 of 2016 regarding medical liability, which defines medical error as actions taken by a practicing professional due to lack of knowledge of essential technical aspects that should be known within their specialty or due to negligence in following recognized medical protocols.
According to evidence and the report from the Higher Medical Responsibility Committee, the court found an instance of a minor medical error, indicating that the medical care rendered to the plaintiff did not conform to recognized medical standards.
The court also highlighted that there was no permanent disability or lasting impairment resulting from the medical error.
It confirmed the presence of a medical error by the ophthalmologist, leading to damages for the plaintiff.
The ruling recognized that the responsibility for the mistake lay with the medical center since the ophthalmologist was an employee under its supervision at the time of the incident.
Therefore, the center is liable for the compensation ordered by the court.
The court ordered both the ophthalmologist and the medical center to jointly pay the plaintiff AED 100,000, along with court fees and legal costs.
The court concluded that the medical care provided to the patient did not meet the established medical standards.
Details of the case reveal that a man filed a lawsuit against the ophthalmologist and the medical center claiming AED 400,000 in both material and moral damages.
He also sought a referral to a medical committee to assess degrees of permanent disability and requested that the ophthalmologist’s medical license be suspended until the case was resolved.
The plaintiff alleged that he suffered vision loss due to medical errors made by the ophthalmologist employed at the medical center, rendering him unable to work.
In his complaint, the plaintiff reported issues with cataracts in both eyes.
Upon visiting the medical center, he consulted with the ophthalmologist who diagnosed him with cataracts in both lenses.
The doctor performed surgery to remove the cataracts from the left eye and implanted a lens, and later operated on the right eye to also implant a lens.
However, a perforation of the eye's posterior capsule occurred during the procedure, resulting in significant vision impairment in the right eye.
The plaintiff included in his lawsuit documentation, including images of the surgical report and findings from the Higher Medical Responsibility Committee.
The court referenced Article 6 of Federal Law No. 4 of 2016 regarding medical liability, which defines medical error as actions taken by a practicing professional due to lack of knowledge of essential technical aspects that should be known within their specialty or due to negligence in following recognized medical protocols.
According to evidence and the report from the Higher Medical Responsibility Committee, the court found an instance of a minor medical error, indicating that the medical care rendered to the plaintiff did not conform to recognized medical standards.
The court also highlighted that there was no permanent disability or lasting impairment resulting from the medical error.
It confirmed the presence of a medical error by the ophthalmologist, leading to damages for the plaintiff.
The ruling recognized that the responsibility for the mistake lay with the medical center since the ophthalmologist was an employee under its supervision at the time of the incident.
Therefore, the center is liable for the compensation ordered by the court.
The court ordered both the ophthalmologist and the medical center to jointly pay the plaintiff AED 100,000, along with court fees and legal costs.
Translation:
Translated by AI
