How to File a Medical Malpractice Case in Ajman

How to File a Medical Malpractice Case in Ajman

By Daily Views: 1

The United Arab Emirates (UAE) is one of the countries with good healthcare facilities. It has amazing doctors and nurses with vast experiences across the globe. Moreover, these health facilities are affordable. At times, accidents do happen in the medical field. However, the patient has the right to claim compensation for medical malpractice. It usually happens when individuals are mistreated for their health, including dental treatment.

Malpractice in Ajman

The healthcare standards are the same in every emirate, including Ajman. People who go through mistreatment in the UAE hospitals, especially in Ajman, can hire lawyers in Ajman to get maximum compensation. Typically, compensation involves financial loss to make up for the loss of facial beauty or emotional harm caused to the patient.

Do you have any question about the article? Contact us now.

Medical Malpractice in Ajman: Law and its implementations

Medical malpractice cases in Ajman fall under federal legislation applicable throughout the UAE. The most important laws include:

  • Federal Law No. 4 of 2016 on Medical Liability
  • Federal Law No. 5 of 1985 (UAE Civil Transactions Law)
  • Federal Law No. 10 of 2008 on Medical Responsibility (now replaced by Law No. 4 of 2016)

The above rules and regulations ensure the rights of the patients and guidelines for filing medical malpractice in the UAE. The attorneys in Ajman can assist with the legal complaint and compensation for your medical treatment.

How Does Medical Malpractice Happen?

In simple words, medical malpractice is the mistreatment or misdiagnosis of the treatment a patient should have. Often the delayed diagnosis led to poor medical practice from the professionals. The possibility of using incorrect surgical instruments can impact the patient’s treatment severely. Sometimes, doctors may prescribe excessive medication and dosage based on the medical reports. Therefore, always have two or more opinions from medical experts to go with the majority’s opinion for treatment.

Seeking Legal Advice in UAE

When you have found out about the medical mistreatment, then you can file a complaint with the help of lawyers. To make the best outcome from your legal complaint, it is important to have a strong foundation in the case:

Take Quick Medical Attention

If you know that you were mistreated and you have a better medical expert with you, go for the treatment first. Health is important when it comes to medical attention.

Gather the Evidence

Meanwhile, you are getting your treatment done, gathering evidence shall also be your task. Be it your diagnosis, treatment report, and your medical history. You should also have a record of communication with the hospital staff.

Medical Report from Experts

The experts to challenge it in the UAE courts should verify the medical report. The expert opinion for medical reports is obtained through the Medical Liability Committee in the UAE. The assessment of the patient’s medical history and condition is examined by the medical professionals in the committee.

Once the experts have confirmed the medical negligence, the patient can pursue their case strongly. To have a record of all the legal files, attorneys could be of great help. They will guide you on how to make proper evidence for your case.

Talk to the Health Authority

In the UAE, citizens and expatriates should report their cases to the relevant authorities first. The case of medical malpractice can be reported to the Ministry of Health and Prevention (MOHAP) and Ajman Health Authority (AHA) for residents living in Ajman. The lawyers in Ajman can assist you with the administrative process to make a formal complaint to the authorities.

Begin with Legal Proceedings

The health authority will have to confirm the medical malpractice so you can proceed with the legal complaint in the Ajman courts. If the medical mistreatment is found out, the award of compensation will involve; financial loss and expenses incurred during the whole time. Penalties will be imposed on the healthcare providers. For many medical experts and hospitals, their licenses can be revoked. If you have a team of qualified attorneys in Dubai, then you may have a chance to win the case.

How Soon Should You File the Medical Malpractice Case?

The medical malpractice should be compensated with the better treatment. However, if you want to make a legal complaint against the malpractice, you must do it within three years from the date you found out about the mistreatment. The UAE Federal Law No. 4 of 2016, has specified the timeline for three years to ensure timely compensation to the patients. After the recommended timeline, it is difficult to seek compensation in the UAE.

Lawyers for Medical Malpractice Cases

Medical mistreatment requires the attention of medical experts as well as legal professionals. Knowing the UAE’s international health standards, individuals living in the UAE should consult lawyers in Ajman to make a strong case for medical malpractice. The legal representatives are responsible for reviewing the medical reports and history to ensure better advice on the case. However, they must also assist clients in preparing legal documents and evidence. Most importantly, they should make a better settlement for their client.

Medical Malpractice Compensations

Medical malpractice is not taken casually in the UAE. The negligence in the medical treatment is compensated fairly in Ajman and all over the UAE. The compensation is made for correct treatment, loss of income, medical expenses incurred during the previous and new treatment, and any disability or permanent injury that may fall upon. In some cases, compensation is also made if the medical negligence has led to the patient’s death. Furthermore, the compensation amount is calculated once the attorneys in Ajman have reviewed the severity of the injury.

Medical Malpractice and Criminal Charges

The UAE is strict with its criminal laws. Medical malpractice could have criminal charges if deliberate harm is involved. The financial penalties are imposed by the court. Moreover, medical licenses are revoked and imprisonment can be prolonged. If you are the victim of a criminal investigation, the lawyers should be the legal support for their clients. Having legal representation beside you gives support in the case.

FAQs

The Medical Liability Committee works in the healthcare sector of the UAE. It has to review the case to confirm the medical negligence. The committee ensures that medical mistreatments are compensated fairly to the victim. The medical reports they make for victims are considered as verified proofs. The lawyers in Ajman would assist individuals with legal proceedings and filings in UAE.

Being a foreigner in the UAE is not a problem. You have almost the same rights as the UAE nationals. There are minor differences, but when it comes to medical health, you can report medical negligence to the authorities. The lawyers can protect you in your legal case, especially when you are a non-Arabic speaker.

Making a complaint after three years of the incident may not be considered authentic. They might lack evidence so your case can be nulled and voided. However, you should hire attorneys or lawyers in Ajman who can help you with medical negligence cases in the UAE.