Medical Malpractice Laws in United Arab Emirates

An economy improves as it adopts new technology. New technology is very much important for any country. With time, the healthcare industry of the United Arab Emirates (UAE) has worked with modern technology to cure patients from different diseases. The medical treatments in the UAE are approved by the Federal Law on Medical Liability. It has the aspects to ensure zero medical errors, licensed practitioners and penalize healthcare professionals for malpractices. The patients are compensated for malpractices in the UAE.

The lawyers in Dubai are significant in UAE’s legal system. Dubai lawyers have good reputation in Dubai and across the Emirate.

They have to practice legal cases based on their expertise. Dubai law firms also employee those attorneys in Dubai who have an idea about the medical laws, ensuring a strategic framework in the region. The role of legal experts is crucial when malpractice or mistreatment is involved. Federal Decree-Law Concerning Medical Liability is Federal Decree‑Law No. 4 of 2016, with its latest amendments. Healthcare professionals are governed by Federal Decree‑Law No. 4 of 2016 on Medical Liability, in United Arab Emirates.

A medical error is the term used when there has been negligence in the medical treatment. It could be due to a lack of attention and unresolved technical matters. Moreover, if the doctors treat the patient without their consent unless necessary, or violate the confidentiality of the patient, that is a medical error at their end. Gross medical error additionally, gross medical error is if the patient has died due to medical negligence or an organ has been removed without consent. The most dangerous medical error could be if any surgical instrument is left inside the patient’s body. There could be legal penalties such as imprisonment and fines.

Employers have to provide medical insurance to employees. It is mandatory as per UAE Labour and Employment Law. The healthcare industry regulates the insurance, insurance companies, insurance services to patients. It helps them get better legal services and compensation for medical malpractice in the UAE. EBP or Essential Benefits Plan, is the minimum standard for health insurance coverage in Dubai.

The doctors and healthcare experts are expected to work with honesty and attention because they are dealing with people’s lives. However, it is understood that they are meeting the scientific standards. Despite that understanding about medical practitioners, there are obligations to fulfill. They must register the patient’s history before giving medical advice to them.

Consent of the patient is essential whenever a medical treatment is involved. The doctors must ensure that the patients have taken the medicines that were prescribed to them. There could be a referral if one doctor cannot treat the patient, medically. The confidentiality of the patient shall be maintained throughout the medical process. There should be no compromise on it. You can further check with our Dubai lawyers having expertise in medial law in Dubai and United Arab Emirates.

The investigation of medical treatment has aspects to ensure clear outcomes:

• Initial Complaint

After finding out about the malpractice by the healthcare provider, the patient must file a complaint against the doctor. They can file a complaint with the Dubai Health Authority (DHA) or Medical Liability Committee (MLC) in the UAE.

• Committee Review

A committee reviews the case of malpractice. It has members from the medical professions, including specialists and physicians. The case is resolved within 30 days. It can be extended if needed, if the case is complicated. The investigation will tell whether the case is related to a medical error or a gross error.

• Grievance and Finality

Once the authorities make the decision, either party can challenge the decision to the Supreme Medical Liability Committee (SMLC) within a month of the final decision.

• Criminal Liability

A criminal liability could result in imprisonment of up to two years and a heavy fine. This usually happens if the patient has died due to the medical practice.

• Civil Compensation

The compensation to patients has to be provided after the committee makes the decision. The compensation is a calculated amount of physical, psychological, and financial damages done to the patient. It is also known as blood money (DIYA) if the patient has died. The family can ask for blood money.

• Disciplinary Sanctions

The licenses of the professional health workers are revoked for at least a month and throughout the legal case.

Recently, the Supreme Court in the UAE has permitted a legal review of the decisions taken by the Supreme Committee, ensuring justice and accountability in the case. It also indicates administrative scrutiny that is vital to maintain the law-and-order situation of the country. Moreover, the affected patient can also lodge a criminal investigation with the help of an MLC report to claim damages in the civil court proceedings.

The hospitals should provide insurance to the patients. However, they are liable for the errors made by the medical professionals. Additionally, it reflects the victim’s right to seek legal assistance for institutional negligence cases.

The role of lawyers is crucial in every legal case. The UAE’s legal system is flexible with the laws, ensuring international legal standards in every industry. However, the lawyers in Dubai are available to assist patients with filing complaints, and represent medical professionals in investigations or they can also file appeals for clients. Nevertheless, attorneys in Dubai provide clients with the best legal solutions.

If you are in the UAE, consulting Dubai law firms could be a good idea for your legal matters. Practitioners and patients, both have the right to defend themselves in court. It shows equality in the international legal standards.

There are a few things that healthcare professionals can do to ensure the best legal practices in the medical industry. The most important thing is to maintain the record of their patients. It provides them with a complete medical history of the patient. Secondly, they should understand the protocols in the hospitals that are related to the patients. However, these healthcare professionals shall be given training, from time to time. It gives them more confidence to treat the patient and they are familiarized with the latest technology in the medical industry. Moreover, the insurance is compulsory. The internal reviews shall be made from time to time to see the performance of the doctors.