Court Awards Dh100,000 to Couple After Hospital Lapses in Unborn Child’s Death

A Dubai hospital and a doctor have been ordered to jointly pay Dh100,000 in moral damages to a couple following the loss of their unborn child, after the court found lapses in timely medical care.

The Court of First Instance ruled that although it could not be conclusively proven that earlier intervention would have prevented the foetus’s death, proper medical protocols were not followed at a crucial stage. It relied on a report by the Higher Committee for Medical Liability, which stressed that “time is a decisive factor” in such situations.

The expectant mother sought medical help after experiencing reduced foetal movement. An ultrasound detected a weak heartbeat, but the attending doctor advised her to consult her primary physician instead of initiating urgent care.

Unable to reach her regular doctor, the couple went to another hospital, where tests confirmed the foetus had no heartbeat. The unborn child had died due to the umbilical cord being wrapped around its neck, and the woman later underwent a caesarean section.

The couple filed a complaint with the medical liability committee, which identified shortcomings in the case management, including the failure to conduct immediate foetal heart monitoring or arrange urgent referral. However, it did not establish that the delay directly caused the death.

In its judgment, the court reiterated that a doctor’s duty is to exercise due care in line with accepted medical standards, not to guarantee outcomes. Still, it held that the delay and lack of timely intervention in a time-sensitive situation amounted to a breach of that duty.

While rejecting the claim for financial damages due to insufficient proof, the court recognised the emotional suffering caused to the parents and awarded compensation for moral harm, along with legal costs.

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