Federal Law No. 4 of 2016 (“Medical Liability Law”) and provisions of the UAE Civil Code with reference to Criminal Procedure Code shall govern in cases involving malpractice or medical negligence.
UAE Medical Malpractice Law | Medical Negligence Law in Dubai UAE
It order to know the circumstances leading to malpractice is it very important to know the context of medical negligence under the law. To wit, a medical error is committed by the practitioner of the medical profession for the following reason:
- Ignorance of technical issues that every medical practitioner of the profession is supposed to be aware of
- Failure to follow the recognized professional and medical standards
- Failure to act with necessary due diligence
- Negligence and failure to act carefully and with precaution.
Previously, resort to several legal process can be sought by filing a complaint with the local healthcare authority or bring a civil prosecution before the court or lodge a criminal case against the medical practitioner or the healthcare provided with the public prosecutor.
However, under the new law it requires that all medical malpractice claims must be referred to the Medical Liability Committee of doctors specialized in all fields of medicine upon a resolution issued by the Minister of Health and Prevention or the health authority prior to the determination for review by the court or the public prosecution, and will determine whether or not a medical malpractice has been committed and determine the gravity of such negligence.
In addition, the new law provides that civil claims filed due to medical malpractice will not be accepted unless the medical claim has been referred to the Medical Liability Committee.
With respect to the criminal aspect, the new law allows the filing of medical practice cases before the public prosecution and requires the prosecution to refer the case directly to competent health authority to take the necessary actions. The New Law also prohibits the investigation of healthcare professionals, and their arrest or temporary imprisonment, until the health authority provides a final medical report confirming gross medical error on the part of the involved physician.
On the other hand, the new law allows settlement between patient or its heirs and the medical practitioner at any stage of the proceeding regardless of the status of the action but before a judgment become final. Settlement between the parties will waive the criminal action and suspension of penalties. However, the settlement between the parties will the prevent the victim’s right to resort to civil action to claim compensation.
If your facing any case related to medical malpractice or a victim of medical malpractice and want to know the legal remedies afforded under the law, please do not hesitate to contact the Law Office of Al Reyami & Muhyealdeen in Dubai UAE. We will assist you by getting to know and identify the issues, claims and additional legal remedy and we’ll keep you up to date with progress on your case and our legal team will be available to provide you consultation as needed.
