Dh7 million pay-out to Dubai-based woman mistakenly given hysterectomy

The couple initially sought Dh17.75 million from the hospital and doctor involved

A private hospital and a doctor were ordered to pay Dh7 million in damages to an Arab woman, and an additional Dh1 million to her husband, following an unrequested and unauthorised hysterectomy. ChrisShow more

The Dubai Civil Court ordered a private hospital and a doctor to pay Dh7 million ($1.9 million) in damages to an Arab woman, and an additional Dh1 million to her husband, after an unrequested and unauthorised hysterectomy.

The couple initially sought Dh17.75 million in compensation for the severe medical error, but the court dismissed part of the claim.

The case dates back to October 2021, when the woman visited a hospital in Dubai, reporting gynaecological health issues.

At this hospital she allegedly consented to a hysterectomy and expressed a desire not to have more children.

However, dissatisfied with the hospital, she later switched to another.

After several examinations at the new hospital it was determined that she required various operations but not the hysterectomy that was eventually performed.

The court was told that the surgeon was confused when he received written approval from the insurance company for the previously cancelled procedure from the other hospital, leading him to mistakenly perform the surgery.

A Medical Liability Committee report concluded that the surgeon's failure to confirm the type of surgery and lack of pre-operative consultation with the patient constituted severe negligence.

The patient experienced significant psychological and physical distress, including hormonal changes and the loss of childbearing ability as a result of the unnecessary surgery.

The couple claimed that the insurance company was partly responsible for sending incorrect approval, which led to the wrongful surgery.

However, the court dismissed the lawsuit against the insurance company and held the hospital and doctor accountable.

In its ruling issued last month the court said that medical procedures should be based on a doctor’s diagnosis and professional judgment, not influenced by insurance approvals.

The doctor was deemed responsible for ensuring the medical necessity of the procedures.

The court directed the doctor and the hospital to jointly compensate the woman with Dh7 million, with an annual interest of 5 per cent from the date of the final judgment until full payment.

They were also ordered to pay the woman's husband Dh1 million in addition to an annual interest of 5 per cent from the finalisation of the judgment until payment is completed.

The doctor and hospital were also required to cover the legal fees and expenses of the lawsuit.