cases allows occurrence patient natural death UAE medical liability law Allah created life that is a combination of contrasts. As happiness exists, unhappiness exists. As health exist, sickness exist. Illness is one of the most important factors that affects human life. The disease is an out of nature situation that affects the body organs with sporadic damage. and terminate the body’s work Temporarily or for long periods during which the patient feels weakness and fatigue and inability to complete his daily or life business in a proper way, and the types of diseases are: WhatsApp: +971555570005
The cases that allows the occurrence of patient natural death – UAE medical liability law
Allah created life that is a combination of contrasts. As happiness exists, unhappiness exists. As health exist, sickness exist. Illness is one of the most important factors that affects human life. The disease is an out of nature situation that affects the body organs with sporadic damage. and terminate the body’s work Temporarily or for long periods during which the patient feels weakness and fatigue and inability to complete his daily or life business in a proper way, and the types of diseases are:
physical ailments: that affects the body such as diseases of heart, brain, lungs, and the kinds of cancer, which affects the body with major damages that might lead to death or the long duration of the diseases or the duration of therapy.
Mental illness: that related to the e-motional situation of the human being such as depressive disorders, psychosis, schizophrenia that might lead to suicide and the feeling of weakness and frustration.
We notice that in many cases the patients of physical ailments and mental illness the duration of their therapy may take long time and the pains escort them throughout this period. that might lead to the patient’s request to end his life for not hoping of his recovery, but the UAE law didn’t permit this, as article no.10 of medical liability law, federal law no.4 of 2016 provided that:
1. Patient’s life may not be terminated for any reasons whatsoever, even at his guardian or custodian.
2. Resuscitation equipment may not remove unless the heart and respiration completely stop, or all brain functions completely stop, according to the accurate medical criteria on which a decision shall be issued by the minister, and the physicians state that such stoppage is irreversible.
The Emirati legislator was right in his decision , as it shall not be permitted for any one or even the patient himself to put an end to his life for any reasons , however it is permit the happening of natural death without cardio-pulmonary Resuscitation and this in case of the required conditions by law are fulfilled and the patient which conducting to him the Resuscitation is in the case of clinical death , article 11 of the medical liability law stated the required conditions in the patient’s case for allowing the happening of natural death , which provided that :
Natural death may be allowed by not doing cardiopulmonary resuscitation to the dying patient, if:
1. The patient is suffering from an incurable disease.
2. Al medication methods are used.
3. It is proven that medication is useless in the respective case
4. It is advised by the attending physician not to do the cardiopulmonary resuscitation
5. Three consultant at least decide that the patient’s interest requires allowing natural death and not to conduct cardiopulmonary resuscitation. in such case, approval of the patient, his guardian or custodian is not required.
6. However, at an express request of the patient, doing resuscitation many not be prevented even if resuscitation is useless.
In the mentioned above article, the article indicated that allow the happening of natural death with not conducting cardiopulmonary resuscitation to the patient in certain cases characterized by the lack of hope of patient’s survival or the complete despair of his recovery, or upon the advice of the doctor not to perform cardiopulmonary resuscitation, except for these cases, patient death must not be allowed, otherwise it is considered unjustly killing of a human being.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE