The Difference between Medical Malpractice and Gross Negligence – UAE Law

The Difference between Medical Malpractice and Gross Negligence – UAE Law

The Difference between Medical Malpractice and Gross Negligence – UAE Law

The Difference between Medical Malpractice and Gross Negligence – UAE Law

Medical errors are among the most controversial issues in both the healthcare and legal fields, especially when it comes to distinguishing between medical malpractice and gross negligence. Differentiating between these two terms not only defines the ethical and professional responsibility of the physician but also has significant legal and judicial implications, which may extend to criminal penalties or financial compensation. Therefore, it is essential to highlight the key differences between them to clarify when a physician is merely negligent with good intentions, and when the negligence is so severe that it warrants strict punishment.

First: Medical Malpractice

Medical malpractice refers to an unintentional act committed by a physician during the course of performing their duties, resulting from poor judgment, lack of knowledge, insufficient skill, or miscalculation—while having good intentions. This type of error often falls within what is referred to as a “possible error,” meaning it is an error that another physician in the same circumstances might also make.

Examples of medical malpractice include:

• Prescribing an inappropriate medication based on an inaccurate preliminary diagnosis.
• Performing a surgical procedure using traditional methods despite the availability of safer, modern alternatives.
• Slight delays in providing treatment due to overcrowding or work pressure.

Although the physician is held accountable for such errors, the liability here is purely civil, and typically limited to financial compensation without criminal penalties—provided that there is no proven intent to harm or presence of gross negligence.

Second: Gross Negligence

Gross negligence, on the other hand, is a form of behavior that goes beyond simple error or professional shortcoming. It represents a clear and blatant disregard for the patient’s safety or standard medical procedures. This degree of negligence reflects a serious lapse in duty that no qualified physician should ever commit, indicating an absence of even the most basic level of care and attention.

Examples of gross negligence include:

• Performing surgery on a patient without confirming their medical condition or conducting necessary tests.
• Leaving surgical instruments inside a patient’s body.
• Failing to intervene in a medical emergency despite having the means and knowledge to do so.

This type of negligence may be considered a criminal offense under certain laws, as it is interpreted as recklessness that endangers human life. In such cases, the physician may face criminal liability in addition to civil responsibility.

Key Differences between Them

• Intent: Medical malpractice does not involve intent to harm, while gross negligence implies a level of recklessness close to intentional misconduct.
• Degree of Failure: Medical malpractice may be understandable from a human or professional perspective, while gross negligence is unjustifiable under any circumstance.
• Legal Consequences: Medical malpractice may result in financial compensation only, whereas gross negligence could lead to referral to the public prosecutor on charges of intentional harm or involuntary manslaughter.

Conclusion

Distinguishing between medical malpractice and gross negligence is essential for achieving justice for both physicians and patients. Not every medical error deserves severe punishment, and not every failure can be forgiven. Ultimately, the role of medical and judicial institutions is vital in assessing each case individually, based on the standards of science and fairness.

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

“The Difference between Medical Malpractice and Gross Negligence – UAE Law”