x Abu Dhabi, UAESaturday 22 July 2017

Doctors to pay Dh2 mln for UAE baby's brain damage, Supreme Court rules

Medical reports show that suffocation during birth resulted in partial brain paralysis and near blindness, concluding that the doctors' negligence led to the damage.

The parents of a baby who was became partially brain damaged and partially blind due to a delay in birth should be compensated Dh 2 million by two doctors, the Federal Supreme Court has ruled.

The parents had filed a lawsuit in Ajman after the child's birth in 2002.

They sued two doctors, the hospital and the Ministry of Health, accusing them of a medical error, and demanded Dh 5 million in compensation.

Medical reports show that suffocation during birth resulted in partial brain paralysis, weakness in movement, abnormality, and near blindness. It concluded that the doctors' negligence led to the damage.

Initially, the Ajman First Instance court ruled that Dh 3 million should be jointly paid by the sued parties. But the accused parties appealed and the Appeals Court reduced the amount to Dh 1.5 million.

However, the Federal Supreme Court cassated the verdict and bounced the case back to the Appeals Court.

The Appeals Court decided the lawsuit should be dismissed and canceled the appealed verdict, ruling that the damage wasn't due to a medical error but a delay in birth. The mother should have undergone a caesarean instead.

When the case was referred back to the Supreme Court, it ruled that the doctors were responsible for the damage because they delayed the birth and failed to conduct a caesarean birth, issuing a Dh 2 million compensation.

hdajani@thenational.ae