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UAE: Man sues hospital for misdiagnosing urgent medical condition, demands Dh100,000 in damages
The complainant stated that he was unable to carry out his work for many weeks, which negatively affected his entitlements and allowances from his job
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An Abu Dhabi resident filed a lawsuit against a hospital for misdiagnosing him, following an injury to his fingers after exercising that resulted in intense pain.
He demanded a compensation of Dh100,000 from the hospital for the physical, moral and material damages he suffered.
In his lawsuit, the Arab man said he suffered an injury while exercising in March this year. He then went to the hospital after feeling some pain in his right shoulder and the surrounding muscle.
At the hospital, the doctor diagnosed him with pain in the right shoulder, muscle pain, and swelling. The man was given treatment, and granted with a 21-day sick leave.
However, he later felt increased pain and noticed severe swelling in his left index finger, which prevented him from practicing his work.
Upon visiting other clinics, it was found that he in fact had a fracture in his finger, and required urgent medical attention.
The complainant pointed out that his health and psychological condition deteriorated as a result of the misdiagnosis, as the pain worsened and he had to undergo an urgent surgery.
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He also stressed that due to the hospital's mistake in diagnosing his condition, he was unable to carry out his work for many weeks, which negatively affected his entitlements and allowances from his job.
In its defence, the hospital demanded that the case be dismissed for not following the procedure as prescribed by Law No. (4) of 2016 regarding medical liability. The lawyer representing the hospital also argued that there wasn’t sufficient evidence to pin his client.
After hearing from all parties, the Abu Dhabi family and civil administrative claims court dismissed the case.
The judge said in his ruling that the compensation claims due to medical liability can’t be filed except after recourse and presentation to the medical liability committees – which the complainant didn’t do.
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