How the UAE Law Deals with Medical Mistakes

How the UAE Law Deals with Medical Mistakes

How the UAE Law Deals with Medical Mistakes

Medical Malpractice in the UAE: Legal Framework and Accountability

Medical mistakes, also known as medical malpractice, can have serious consequences for patients and healthcare providers. The United Arab Emirates (UAE) has established a robust legal framework to address medical errors and ensure accountability within the healthcare sector. This article explores the key legal provisions governing medical malpractice in the UAE.

Legal Framework for Medical Malpractice

• Federal Decree-Law No. 4 of 2016 on Medical Liability:

  Defines medical malpractice, outlines the procedures for filing complaints, and establishes penalties for negligent practices.

• Federal Law No. (5) of 2019 on regulating the Practice of Human Medicine:

  Defines the duties of licensed physicians, establishes the Code of Professional Ethics, and outlines the responsibilities of internship doctors and their supervisors.

• Federal Law No. 7 of 2019 on Health Insurance:

  Addresses issues related to medical errors covered by health insurance policies.

• Federal Penal Code (Federal Law No. 3 of 1987):

  Provides for criminal liability in cases of gross medical negligence leading to injury or death.

• Regulations by MOHAP, DHA, and DOH:

  These bodies oversee medical practices and enforce healthcare standards.

Definition of Medical Malpractice

Under UAE law, medical malpractice is defined as a failure by a healthcare professional to follow accepted medical standards, resulting in harm to a patient. Examples include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Failure to obtain informed consent

Article 6 of Federal Decree-Law No. 4 of 2016 on Medical Liability

defines medical malpractice as an error committed by a medical practitioner due to any of the following reasons:

• Lack of knowledge of the technical aspects that are expected to be known by every practitioner of the same degree and specialization.
• Failure to follow recognized professional and medical standards.
• Failure to exercise the necessary care.
• Negligence and failure to observe caution and prudence.

Reporting and Investigation of Medical Errors

Patients or their families can file a complaint with the relevant health authority (MOHAP, DHA, or DOH). The complaint is reviewed by a medical liability committee, which determines whether malpractice has occurred. The committee’s findings may lead to disciplinary action, civil liability, or criminal prosecution.

Civil and Criminal Liability

• Civil Liability:

  Affected patients can seek compensation for damages, including medical expenses, loss of income, and emotional distress. The amount is determined based on the severity of harm and financial impact.

• Criminal Liability:

  If medical malpractice results in serious injury or death, the healthcare provider may face criminal charges. Penalties can include fines, suspension, imprisonment, and revocation of medical licenses.

Role of Medical Liability Insurance

Healthcare professionals are required to have medical liability insurance to cover potential claims. Insurance policies help protect both patients and medical practitioners by ensuring compensation is available for damages resulting from malpractice.

Recent Legal Developments and Reforms

The UAE continues to enhance its legal framework to improve patient safety and accountability. Recent reforms have focused on increasing transparency, improving complaint mechanisms, and strengthening regulatory oversight.

Conclusion

The UAE has stringent laws in place to address medical mistakes, ensuring that affected patients receive justice while maintaining high medical standards. With continuous reforms and oversight, the country remains committed to safeguarding public health and holding medical professionals accountable for their actions.

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai and Ajman UAE

“How the UAE Law Deals with Medical Mistakes”