Family to appeal against ruling after patient in Dubai dies during hip surgery

Surgeon was fined Dh100,000 after Betty Fernandes died

Betty Rita Fernandes, 42, died hours after routine hip surgery in 2019. Photo: Family
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The family of a woman who died after a routine hip operation said they will appeal against a court judgment that fined the doctor responsible Dh100,000 and ordered him to pay Dh200,000 in compensation.

Betty Rita Fernandes, 42, died just hours after routine hip surgery at a hospital in Dubai in 2019.

The Indian mother of two teenage children underwent the procedure to correct a congenital joint defect, but suffered fatal complications.

An investigation was completed by Dubai Health Authority, as the regulator, who passed on its findings to Dubai Civil Court.

There are no words to emphasis the trauma, shock and struggle we have been through and are still going through. No one is ever prepared for anything like this to happen
Thomas Lobo

A judgment was made on February 16, obliging the doctor involved to pay blood money to Fernandes's heirs, in compensation for the material and psychological damage to which they were subjected.

The hospital, which The National has not named, did not comment on the judgment. The doctor was not publicly identified.

Previously, the hospital spoke of its "deepest condolences and utmost support to the patient’s family" and confirmed it was fully co-operating with the authorities.

Thomas Lobo, Fernandes's husband, was present in court throughout the process. The final judgment was made online.

“We were not happy with the judgment and hence appealed the verdict,” he said.

“The accused was found guilty of gross medical negligence; however, the punishment was only monetary. We expected a better verdict.

“Unfortunately, there has been no contact or support from the hospital in the last two and a half years.

“The only contact we had with the hospital was when the CEO met us one month post the demise of my wife to explain that they were doing an intensive investigation of the incident.”

Fernandes lived with a displaced hip from the age of two that caused her chronic pain.

Medics told her a replacement would allow her to walk and run freely just 30 days after surgery, which encouraged her to proceed with the operation.

Her work in Dubai as an office manager was complemented by a passion for baking, and a home business, Betty’s Cake Tales.

In 2018, Fernandes won first prize in a cake baking competition held by the International Centre for Culinary Arts and was planning to complete further patisserie training shortly before her death.

“There are no words to emphasis the trauma, shock and struggle we have been through and are still going through,” Mr Lobo said.

“No one is ever prepared for anything like this to happen.

“It has been an emotionally, financially and mentally exhausting time for us.

“Especially going through all this as a single parent, is really crushing."

Dubai Health Authority and the hospital were approached for comment.

Updated: May 01, 2022, 9:37 AM