Introduction

The Federal Supreme Court of the United Arab Emirates (FSC) issued a significant judgment regarding contributory negligence in medical malpractice cases. In its decision in Cases No. 1352 and 1362/2024, the Court addressed the critical question of whether compensation should be reduced when the injured party contributes to the harm suffered.

This case provides valuable insights into how UAE courts approach shared responsibility in negligence claims and highlights the importance of addressing all substantive defenses raised by parties.

Case Background

The case involved a child who suffered serious injuries allegedly due to medical errors committed by healthcare providers at a hospital. The child’s father filed a lawsuit seeking compensation for the damages caused to his daughter, who developed cerebral palsy as a result of the alleged medical negligence.

The initial court awarded compensation of AED 500,000, but upon appeal, this amount was increased to AED 5 million. The defendants then appealed to the Federal Supreme Court, arguing among other things that the mother of the child had contributed to the harm by failing to disclose relevant medical information about the child’s condition.

Key Legal Issues

The primary legal issue before the FSC was whether the appellate court erred by:

1. Increasing the compensation amount significantly without adequately addressing the defendants’ argument about contributory negligence
2. Failing to properly consider the defense that the mother’s non-disclosure of the child’s medical condition contributed to the harm
3. Not applying Article 290 of Federal Decree-Law No. 42 of 2022 regarding Civil Procedure Law, which permits reduction or elimination of compensation when the injured party contributed to the harm

The Court’s Analysis

The FSC found that the appellate court had indeed committed legal errors in its judgment. The Supreme Court emphasized several important legal principles:

1. Contributory Negligence: Under Article 290 of Federal Decree-Law No. 42 of 2022, a judge may reduce or eliminate compensation if the injured party contributed to causing or increasing the harm through their own actions.
2. Obligation to Address Substantive Defenses: Trial courts must thoroughly examine all evidence presented and respond to substantive defenses raised by parties, especially when such defenses could alter the outcome of the case.
3. Deficiency in Reasoning: Ignoring or failing to adequately address a substantive defense constitutes a defect in the court’s reasoning that may invalidate the judgment.
4. Proper Judicial Assessment: A court’s conclusion must be based on legal grounds and not merely on unsupported assertions or general impressions.

The Court’s Decision

The FSC ruled that the appellate court had erred by:

1. Ignoring the defendants’ substantive defense regarding the mother’s contribution to the harm through non-disclosure of the child’s medical condition 
2. Failing to properly investigate and assess this defense 
3. Responding inadequately by simply stating that the medical report confirmed the defendants’ liability without addressing the specific defense of contributory negligence 
4. Erroneously increasing the compensation amount without proper legal justification

As a result, the FSC overturned the appellate court’s judgment and remanded the case for reconsideration.

Legal Significance and Implications

This judgment establishes important precedent in UAE medical malpractice law by:

1. Reinforcing the Principle of Contributory Negligence: The decision confirms that UAE courts must consider whether and to what extent an injured party contributed to their own harm when determining compensation.
2. Setting Procedural Standards: The ruling emphasizes that courts must address all substantive defenses raised by parties, particularly when such defenses could affect the outcome of the case.
3. Establishing Compensation Guidelines: The judgment indirectly provides guidance on how courts should approach compensation assessment in cases involving shared responsibility.
4. Protecting Due Process Rights: By insisting on proper consideration of all defenses, the FSC upholds the right of parties to have their arguments fully heard and considered.

Conclusion

The FSC’s judgment in Cases No. 1352 and 1362/2024 represents an important development in UAE medical malpractice law. By emphasizing the need to consider contributory negligence and ensuring that all substantive defenses are properly addressed, the Court has reinforced fundamental principles of fairness and due process in civil litigation.

This case serves as a reminder that compensation in medical malpractice cases is not determined solely by establishing the defendant’s negligence but must also take into account any contribution by the injured party to the harm suffered. It highlights the complex interplay between patient and provider responsibilities in healthcare settings and underscores the importance of full disclosure of relevant medical information.

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