Dubai Court Upholds Dh1M Compensation For Patient Left Disabled After Botched Joint-Replacement Surgery
Physician found grossly negligent; hospital also held liable under vicarious liability principles after court rejects appeals.
Staff WriterOct 31, 2025, 12:53 PMThe Dubai Court of Cassation has upheld a ruling awarding Dh1 million in compensation to a patient who suffered permanent disability following a joint-replacement surgery, dismissing appeals filed by both the treating physician and the hospital.
According to court documents, the patient underwent the procedure on December 20, 2021, and soon after began experiencing severe pain and restricted movement in his leg. He later travelled abroad for further treatment, where medical specialists performed corrective surgeries and confirmed that his right leg had lost about 80 per cent of its original function. The patient continues to suffer from chronic pain and mobility issues.
Following an investigation, the Supreme Committee for Medical Liability concluded on December 26, 2023, that the physician was grossly negligent and had deviated from accepted medical standards, directly resulting in the patient’s permanent disability.
The patient subsequently filed a civil claim seeking Dh20 million in damages. The physician denied wrongdoing, while the hospital argued it bore no responsibility since the doctor was not a direct employee. The hospital also filed a counterclaim for Dh312,000 in unpaid treatment fees, which the court dismissed.
However, the Dubai Civil Court ruled that hospitals can still be held vicariously liable when they provide medical facilities, equipment and staff to independent physicians treating patients on their premises. On March 17, 2025, it ordered both the doctor and hospital to jointly pay Dh1 million in compensation for bodily and psychological harm.
The Court of Cassation has now affirmed that decision, citing the binding nature of the Supreme Committee’s findings and the lower court’s discretion in determining damages. The appellants were also ordered to pay all legal costs and attorney fees.
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