Emirates: The Dubai Courts have upheld a judgment in a medical malpractice case, dismissing appeals and ordering compensation for a patient who suffered severe and permanent disability following a joint-replacement surgery performed by a physician.

The patient underwent the procedure on December 20, 2021, and soon after experienced severe pain and difficulty moving his leg. He later travelled abroad for further treatment, where specialists performed corrective procedures after documenting ongoing complications. His right leg reportedly lost approximately 80 per cent of its original function, and he continues to experience pain and mobility limitations.

Findings against the physician

The Supreme Committee for Medical Liability reviewed the case and, on December 26, 2023, concluded that the attending physician was grossly negligent and deviated from recognised medical standards, resulting in permanent disability to the patient’s right leg.

The patient subsequently filed a civil lawsuit seeking Dh20 million in compensation. The treating physician disputed liability, while the hospital also contested any legal responsibility, arguing that the physician worked independently. The hospital also filed a counterclaim for Dh312,000 in unpaid treatment fees, which the court rejected.

The court held that legal liability may extend to the treatment facility under principles of vicarious liability. It ruled that hospitals may be held accountable for treatment outcomes when they provide facilities, equipment and nursing staff, and refer patients to doctors working on their premises — even if the doctor is not a direct employee of the hospital.

Compensation upheld

On March 17, 2025, the Dubai Civil Court ordered Dh1 million in compensation for the patient.

After appeals filed by the physician and the hospital, the Dubai Court of Cassation upheld the original judgment. The court emphasised the finality of the Supreme Committee for Medical Liability’s report regarding the physician’s conduct and reaffirmed the court’s discretion in determining compensation for bodily harm and psychological suffering.