Dh200,000 for girl burnt during Abu Dhabi operation

Family of three-year-old burnt during an operation are granted Dh200,000 in compensation.

ABU DHABI // The family of a three-year-old girl burnt during surgery have been awarded Dh200,000 compensation.

TS was having a cochlear implant fitted at Al Mafraq Hospital in 2009 when the anaesthetist, MA, placed a hot thermal bag on her legs, causing severe burns.

Her father sued the Health Authority-Abu Dhabi (Haad), the manager of the hospital and the anaesthetist at the Civil Court, seeking Dh2 million in compensation for moral, physical, financial and emotional damages.

A forensic report described the injury as a permanent disability.

The Court of First Instance awarded the family Dh100,000 but both sides appealed.

Lawyers for the health providers argued the burn marks would eventually disappear, either by fading or plastic surgery.

The hospital and Haad also said the anaesthetist was responsible and he alone should pay compensation.

The father claimed the verdict had not taken into account the permanent nature of his daughter's disability or the psychological damage it had caused her.

The Civil Appeals Court awarded the family Dh200,000 in January 2011, to be paid for by Abu Dhabi Health Services Company instead of Haad, Al Mafraq Hospital and the doctor.

The three appealed at the Court of Cassation but it upheld the verdict of the Appeals Court.