Who Does the UAE Medical Liability Law Protect Doctors or Patients?

Who Does the UAE Medical Liability Law Protect Doctors or Patients?

Who Does the UAE Medical Liability Law Protect Doctors or Patients?

Who Does the UAE Medical Liability Law Protect Doctors or Patients?

The Federal Law on Medical Liability in the UAE: Protection for the Doctor or the Patient?
Amid the continuous progress witnessed by the United Arab Emirates in the healthcare sector, the need has emerged to regulate the relationship between healthcare providers and patients in a manner that ensures the safety of both parties. This gave rise to Federal Law No. (4) of 2016 on Medical Liability, which serves as a comprehensive legal framework aimed at regulating medical practice and ensuring fairness in addressing medical error cases.

Definition of Medical Liability According to UAE Law

The law stipulates that medical liability arises when a healthcare practitioner commits an error that causes harm to the patient, whether the error is due to negligence, lack of competence, or failure to adhere to approved professional standards. This applies to doctors, nurses, technicians, or any individual authorized to provide medical services.

Mechanism for Handling Medical Errors

Healthcare practitioners are not immediately referred to the judiciary in the event of a medical error. Instead, the case is first presented to the Medical Liability Committee, an independent technical committee composed of specialized experts. This committee is the sole authority empowered to issue a professional opinion on whether an actual medical error has occurred.

The committee’s reports must then be submitted to the judicial authorities for appropriate action, helping to prevent hasty accusations or arbitrary measures against doctors before their responsibility is formally established.

Does the Law Protect Doctors More Than Patients?

Some believe that the law offers significant protection to doctors and healthcare practitioners, particularly due to the requirement of a Medical Liability Committee report before any legal prosecution. This can prolong case resolution and make it difficult for patients or their families to prove medical error.

However, the law does not overlook patients’ rights, as it:

• Guarantees their right to file an official complaint.
• Grants them the right to appropriate compensation if harm is proven.
• Mandates that healthcare facilities and professionals carry liability insurance.

A Balance of Justice: Protection for Both Parties

It can be said that the Federal Law on Medical Liability in the UAE seeks to strike a delicate balance between protecting patients and ensuring their rights on one hand, and protecting doctors from malicious complaints or accusations unsupported by medical facts on the other. This law has contributed to enhancing trust in both the healthcare and judicial systems in the country.

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

“Who Does the UAE Medical Liability Law Protect Doctors or Patients?”