An Appellant sued a hospital and doctor for medical malpractice, claiming a delayed cesarean section caused his child's cerebral palsy, seeking AED 2,000,000 in compensation. The Medical Liability Committee found medical error by the doctor.

Proceedings

The initial court awarded AED 200,000, which was then increased to AED 400,000 with 4% legal interest by the appeals court after both parties appealed. The father subsequently challenged the appeals court ruling through cassation.

Appeal before the Abu Dhabi Court of Cassation

The Appellant argued the contested judgment had violated the law, misapplied it, contained flawed reasoning, and was deficient. The Appellant argued the compensation awarded for material and moral damages had been determined without considering his son's health condition as detailed in medical reports, particularly the forensic medicine department's report, which listed the injuries sustained by the victim. He further contended the judgment had failed to award him the blood money (Diya) due according to the percentage of disability for each affected body part, rendering it flawed and warranting its reversal.