Khaberni - In a case with humanitarian dimensions, the Primary Civil Court in Dubai ruled that a hospital and a doctor must pay 100,000 AED in moral compensation to the parents, after the loss of their fetus, although it was not proven conclusively that medical intervention would have definitely saved its life, clarifying that «the element of time in such cases is a decisive factor», according to the report of the Supreme Committee for Medical Liability that proved a mistake had been made.
The details of the case trace back to a pregnant woman going to a hospital after feeling a decrease in fetal movement, where she underwent an ultrasound scan that showed a heartbeat, although slow; however, the doctor only recommended that the patient consult her primary doctor without taking any urgent action.
After failing to reach the treating doctor, the woman, accompanied by her husband, went to another hospital, where tests showed no fetal heartbeat, confirming its death in the uterus due to the umbilical cord wrapping around its neck, leading to a Cesarean operation to extract it.
Following this, the parents filed a complaint with the Medical Liability Committee, which concluded that there was negligence in handling the situation, reflected in the lack of urgent actions, such as conducting a fetal heart monitor or an immediate transfer to the hospital, although it did not definitively state that this negligence was the direct cause of death.
After completing the procedures and based on the committee's report, the parents filed their lawsuit, claiming 2.5 million AED in compensation for the material and moral damages they suffered.
During the hearing, the court found that a medical error occurred, consisting of not following professional standards and failing to provide necessary care at a critical time, and it was also proven that the doctor was working under the supervision of the hospital, which entailed their joint responsibility for the mistake.
The court stated that the doctor's obligation is to exercise vigilant care consistent with established scientific principles, not necessarily to achieve a result, but the failure to take necessary measures in a timely manner constitutes a deviation from this duty, especially in cases requiring rapid intervention to assess the fetal condition.
The court affirmed that the element of time in these cases is a decisive factor, and that delays in evaluation or referral could result in missing an opportunity for an intervention that could have altered the course of events, even if this was not definitively certain.
The court indicated that the medical report did not confirm that immediate intervention would have saved the fetus, however, the psychological pain and feelings of inadequacy experienced by the parents due to the lack of action taken at the time constituted an existing moral damage.
The court ruled to obligate the hospital and the doctor jointly to pay 100,000 AED in compensation for moral damages, while rejecting the claim for material compensation due to lack of proof, and they were also ordered to pay the fees and expenses.
