Man’s bid to sue hospital for ‘wrong diagnosis’ dismissed

An Abu Dhabi resident filed a lawsuit against a hospital for misdiagnosing his condition, following an injury to his fingers when he was exercising, leaving him in excruciating pain.

He demanded a compensation of Dh100,000 from the hospital for the physical, moral and material damages he suffered.

In his lawsuit, the Arab man said he suffered an injury while exercising in March this year. He said he went to the hospital after feeling some pain in his right shoulder and surrounding muscles.

At the hospital, the doctor diagnosed him with pain in the right shoulder, muscle pain, and swelling. The man was given treatment, and granted a 21-day sick leave.

However, the pain increased and he noticed severe swelling in his left index finger, which prevented him from performing his duty.

After visiting other clinics, he was told that he had a fracture in his finger, and required urgent attention.

The complainant pointed out that his health and psychological condition deteriorated as a result of the misdiagnosis, as the pain worsened and he had to undergo urgent surgery.

He also stressed that due to the hospital's mistake in diagnosing his condition, he was unable to carry out his work for many weeks, which negatively affected his entitlements and allowances from his job.

In its defence, the hospital demanded that the case be dismissed for not following the procedure as prescribed by Law No. (4) of 2016 regarding medical liability. The lawyer representing the hospital also argued that there wasn't sufficient evidence to pin his client.

After hearing from all parties, the Abu Dhabi family and civil administrative claims court dismissed the case.