Medical Negligence in UAE Law

Medical Malpractices in UAE

By Published On: March 4, 2025Views: 48

If you are ever injured or harmed during medical treatment in the UAE, the government ensures your protection from poor medical practices. Standard medical practices are ensured as per the UAE’s Medical Liability law. Before you make any claim against malpractice in your medical treatment, you should understand the term. Medical malpractice is conducted by a healthcare professional when they fail to make a successful medical treatment for you. At times, the medical symptoms are the same for two diseases. Our lawyers can also provide the comprehensive knowledge in a legal appointment.

Therefore, misdiagnosis happens. Sometimes, the surgeries are not successful because the health professional may not be well experienced to manage a difficult surgery. Moreover, due to the negligence of the doctors, the diagnosis of the patient could be delayed to cure the disease. The UAE government would always protect its citizens in different ways; therefore, medical compensation is the right of every UAE resident. The UAE Federal Laws govern medical malpractice under the legal framework that explains the responsibilities of the healthcare professions, scenarios of malpractices that can be claimed, penalties for misdiagnosis, or disciplinary actions that are taken under the laws.

However, if any individual defames the healthcare provider without any proof, the law will penalize the individual. The claims for medical malpractices should follow legal steps, ensuring the protection of the healthcare professional and the patient. In the modern world, technology has improved the living standards of many economies. The UAE is not left behind when we talk about technology in healthcare. Most hospitals have now created electronic medical histories of their patients, ensuring the best treatment is given to them. Moreover, it also helps them with patients who have regular follow-ups. Therefore, before taking legal action, please consult leading Emirati lawyers.

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Federal Law

Federal Law No.10 of 2008 on Medical Practice explains the role of medical professionals and their ethical conduct in the UAE’s medical industry. However, patients can claim medical compensation under the UAE Civil Code of Federal Law No. 5 of 1985, especially when they were harmed due to medical negligence.

Filing a claim for malpractice is not difficult in the UAE. The government understands that medical malpractices can be reported if certain procedures are followed. To begin with, filing a case of misdiagnosis, you can talk to the health authority. They will ensure justice in your case by talking to the healthcare professional and looking at the laws and implications of malpractices in the medical field. You should also consult with leading lawyers.

The Medical Liability Committee in the UAE reviews your case. The authority ensures that your case is expedited by taking quick legal action. The team comprises medical specialists and legal professionals. However, you need to provide the evidence, including the medical report and your concern regarding the medical treatment that you have received.

After the committee has completed its investigation, a medical report is issued. The report explains whether the malpractice actually occurred, and if so, the severity is mentioned. Moreover, the report concludes the liability of the medical professional. At this stage, the patient can have a clear picture of their case, ensuring transparency and accuracy. If the committee confirms the misdiagnosis, the legal proceedings will begin immediately, especially if there has been serious damage to the health of the person or a death occurs.

Financial Penalties

Moreover, there are financial penalties involved in medical malpractice. Doctors or medical specialists who are proven guilty of misdiagnosing their patients will pay at least AED 2,000,000. The severity of the harm to the patient can also revoke their medical license. Consequently, medical professionals will be suspended from their services in the UAE. In the most severe cases, they can be imprisoned for years.

Compensation for misdiagnosis is provided to the patients because some of them may have lost their jobs due to physical disabilities or injuries. Their medical expenses will be covered for the whole treatment. Some of them may need to make visits to psychologists as they may be going through some psychological stress. Additionally, the compensation is provided according to the severity of the loss. Therefore, it is essential to produce all the evidence that is related to your medical treatment.

Successful compensation will be required to have a great case of medical malpractice. If you want to file a compensation claim against the medical misdiagnosis, you will need to have the following evidence and documents:

  • Ensuring the relationship between the doctor and patient existed
  • The doctor was negligent at the time of medical treatment
  • The misdiagnosis caused harm to the patient
  • The injury led to financial loss and physical disability or disabilities

However, you can increase the chances of successful compensation if you hire an experienced lawyer for your case. It is not easy to find a good lawyer in the UAE because many provide the same legal services at different charges. But there are also several quality lawyers like Ask The Law, Al Shaiba Advocates and Legal Consultants..

They should ensure the latest medical practices and protocols in the UAE. Medical science changes periodically and technological advancements are made. Therefore, doctors and medical specialists should work on the latest tools used in the medical field.

Patient and Diagnosis

Moreover, the doctor must communicate clearly to the patient about their diagnosis. They should inform the patient or their guardian about how the treatment will be conducted and if any permanent damages or side effects are involved. Meanwhile, consent shall be taken to ensure that the patient is aware of their medical treatment and has allowed the doctor to do the treatment. However, doctors should maintain their patients’ medical records. Hospitals in the UAE use technology to bill medical patients and record their medical records.

Nevertheless, your cooperation is needed all the time, especially when making a claim. A complaint for medical compensation can be made within three years from the day the medical injury was mistreated.

You can sue your doctor for medical malpractice in the UAE, but you will need a lawyer to do so. However, you can also hold the hospital liable for the mistreatment conducted by their inexperienced medical specialists.

Doctors should take preventive measures to ensure the health and safety of their patients. They must also undergo various training sessions over time to enhance their medical skills. However, maintaining medical records could be difficult for some if digital technology is not used. Therefore, doctors must get hands-on experience with technology.

You have the right to have a safe and healthy life. If your medical specialists have mistreated or misdiagnosed your medical condition, you must immediately talk to the authorities. To expedite your case, it is better to hire a lawyer who can help you get quick compensation. You should find a qualified lawyer for your medical compensation.

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