Cases where medical liability will not fall on practitioners According to UAE Medical Liability Law medical liability act No.4 of 2016 Sometimes, treatment WhatsApp: +971555570005
Cases where medical liability will not fall on practitioners According to UAE Medical Liability Law No. 4 of 2016
Sometimes, treatment in hospitals and medical clinics can be counterproductive on the patient’s health, which is not requested by the patient and not hoped by the medical staff. The patient, who went to a medical facility to treat a health problem or disease, suddenly finds himself suffering from another disease, It is not possible to consider that any relapse suffered by the patient is a medical malpractice, medical malpractice as defined in Article (6) of the law, committed by the practitioners and the malpractice was the result of one of the following reasons:-
1. Ignorance in the technical matters that are supposed to be known by any practitioner of the same degree and specialization.
2. Non-compliance with the recognized professional and medical principles.
3. Not exercising due diligence.
4. Negligence and not paying attention.
Criteria of gross medical malpractice shall be set out in the implementing regulations of this Decree.
Therefore, it should be emphasized that there may be a delay in the patient’s recovery or a relapse in his health condition, and we cannot necessarily consider what happened as a medical malpractice, and therefore the medical responsibility does not fall to the medical practitioner in this case. And the UAE medical liability law has specified cases where the responsibility does not fall to the medical staff in its article (17), which stated:
Medical liability shall not be established in any of the following cases:
A. If the harm is not caused by any of the reasons set out in Article (6) of this Decree and the implementing regulations issued hereunder.
B. If the harm is caused by the patient’s action or his refusal of the treatment or his failure to follow he medical instructions given to him by those responsible for his treatment, or if the harm is caused by some external reason.
C. If the physician uses a certain medical method in the treatment contrary to those of other physicians in the same specialization so long as such method conforms to generally acceptable medical principles.
D. If recognized or unseen medical effects and complications in the field of medical practice take place, but are attributable to the medical malpractice.
It is clear that the delay of the patient’s condition in previous cases was not the result of the doctor’s ignorance or omission, but rather the patient’s intransigence in refusing the treatment or failing to abide by the instructions of the doctor, and the Medical responsibility does not fall to the doctor even he completes the treatment in a different way than his colleagues of the same competence , but it is conformity to the medical principles, and medical liability will not fall if recognized or unseen medical effects and complications in the field of medical practice took place .
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE