Insurance against the liability for the medical errors In accordance with the emirate medical liability law No. 4 of 2016 is a method to confron WhatsApp: +971555570005
Insurance against the liability for the medical errors
In accordance with the emirate medical liability law No. 4 of 2016
The Insurance is a method to confront the risks that may be exposed to the human in his entity or his money during his life in order to mitigate its impact, and medical error is a crucial issue facing the doctors during their career, and the legal consequences which are following the medical error is considered a heavy burden on the doctor, since the penalty for the medical error could reach the imprisonment and the fine . Therefore, it can be considered a risk that affect the doctor`s freedom and money Consequently the medical insurance provided the doctor with protection against civil liability for medical errors. The Medical Liability Act prohibits the practice of the profession without insurance against civil liability for errors. As states in article 25, as follows: “It is prohibited to practice the profession in the State without insurance against civil liability for medical errors for one of the licensed insurance companies in the State”.
The aim of this type of insurance was to reduce the damage to the profession in the event of a medical error, in addition to the possibility of being subjected to imprisonment and the fine there are also costs for legal reviews and the assignment of lawyers to follow up the doctor`s cases in addition to the possibility of suspension.
In the event, the doctor or medical specialist is working in a hospital or a medical center, the participation in the insurance system is on the owner of the medical establishment. As Article 26 confirms the aforementioned
“The owner of the establishment is obliged to insure the workers of his profession against civil liability for medical errors and to insure them against the risks arising from the practice of the profession or as a result thereof. The owner of the establishment shall bear the full premiums in both cases.”
It is clear that the legislator in this case added to the employer, in addition, to his obligations towards the worker which stated in the labor law and health insurance, a commitment to participate in the insurance against civil liability for medical errors.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE