A Dubai court has ruled that a paediatrician and the hospital where he worked must jointly pay 350,000 dirhams in compensation to the father of a newborn after a medical error was established. The error involved failing to take necessary steps for diagnostic examination and clinical monitoring of a premature infant suffering from respiratory distress, following multiple visits to the hospital by the infant’s family due to breathing difficulties. The infant’s condition ultimately deteriorated severely, necessitating urgent intervention at another medical facility where he was saved just in time.
Case Background
The details of the case reveal that the infant was born via Caesarean section at 34 weeks of gestation and was immediately transferred to the intensive care unit due to respiratory issues. After some initial improvement, he was discharged from the hospital. However, upon returning home, his mother noted persistent nasal congestion, a troubling sound during breathing, and recurring coughs, prompting her to revisit the hospital multiple times.
Medical Assessment and Deterioration
During these visits, the defendant paediatrician reportedly assured the mother that the infant’s condition was not concerning, despite her ongoing worries. Eventually, after further deterioration, the family took the child to Al Jalila Children’s Specialised Hospital, where he arrived suffering from cyanosis and severe oxygen deprivation, with his breathing having stopped. The emergency response team successfully revived him, yet the father described the incident as a “respiratory arrest” that adversely affected the child’s lungs and immunity.
Medical Committee Findings
In the aftermath of this incident, the child’s father lodged a complaint with the Medical Liability Committee under the Dubai Health Authority. The committee established that a significant medical error had occurred, prompting the paediatrician to appeal the decision to the High Committee for Medical Liability. However, this committee affirmed the original finding of medical error but classified it as non-severe, indicating that there was no permanent disability resulting from the mistake.
Judicial Conclusion
The High Committee indicated that the care provided to the infant failed to meet established medical standards due to the lack of necessary diagnostic measures and clinical monitoring for a premature baby in distress. The court endorsed the committee’s conclusions, affirming the existence of medical malpractice while clarifying that the absence of a classification as a severe error does not absolve liability when harm is demonstrated.
Impact on the Family
The court noted that the medical error led to unnecessary suffering and complications for the infant, which warranted immediate medical intervention. Additionally, the father experienced significant emotional distress, anxiety, and grief. Consequently, the court held both the physician and the hospital accountable for the mistakes that occurred during the physician’s employment, mandating them to compensate the father with 350,000 dirhams.