UAE hospital, doctor ordered to pay Dh200k over embryo loss

Ras Al Khaimah - RAK court asks paediatrician to pay Dh150k to Arab couple for medical error

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A Staff Reporter

Published: Wed 11 Nov 2020, 11:39 AM

The Ras Al Khaimah Civil Court of Appeal has ordered a private hospital and a paediatrician to pay Dh200,000 in compensation to an Arab couple over embryo loss caused by a medical error.

Earlier, the lower civil court had ordered the hospital and the paediatrician to pay Dh500,000 as compensation, including Dh350,00 to the wife and Dh150,000 to the husband.

Dissatisfied with the ruling, the couple approached the higher court, seeking the ‘right compensation’ against all the financial, physical and mental damage.

The hospital and the doctor also challenged the verdict for the “overestimated” compensation and claimed they were not interrogated by the authorities to identify their medical responsibility.

The court ruled that the husband was awarded a compensation of Dh150,000 though he did not request any. “Therefore, the ordered compensation is void and rejected.”

The court stated that the hospital and the doctor had appeared before the concerned medical committee which held them responsible for the embryo loss. “The report of the committee, though was not signed by all members, is valid.”

However, the appeal court found the compensation ordered by the lower court was “overestimated”, and reduced it to Dh200,000.

The paediatrician involved was told to pay Dh150,000 to the wife while the hospital was ordered to pay the remaining Dh50,000 to the husband over its shared responsibility for the embryo loss.

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