Medical Malpractice Cases Interview with advocate Mohamed Al Marzooqi The medical malpractices were never a neglected issue beyond search and interest WhatsApp: +971555570005
The Medical Malpractice Cases
An Interview with advocate Mohamed Al Marzooqi
The medical malpractices were never a neglected issue beyond search and interest, especially in the legal aspect. The Emirati legislator focused on the medical malpractice, and there are special laws for the medical malpractice suit level of the remarkable development in the health sector in the United Arab Emirates which witnesses a great improvement in terms of development of the medical equipment and technologies assisting in treatment, and in terms of providing the health sector with more qualified and trained cadres.
To clarify the concept of medical malpractice in the Emirati law and the legal mechanism to deal with its cases, we asked some questions to Mr. Mohamed Al Marzooqi, from Mohamed Al Marzooqi Advocates and Consultancy Law Firm, and we had this short dialogue with him:
Mr. Mohamed, in the medical malpractice’ cases, is there a comprehensive definition for the medical malpractice? Are there any legal regulations that can differentiate between the medical malpractice cases and the other deterioration cases for the patient’s health after its improvement?
The medical malpractice is the malpractice resulted whether from carelessness and negligence of the physician towards his patient in taking the care and precaution required, or resulted from lack of the physician’s experience and his scientific competence. With the exception of these two conditions, the patient’s deterioration or relapse is not considered a medical malpractice. Through our long experience in this field, we found that many medical malpractice’ cases do not include a medical malpractice as defined by law. It is only a state of doubt overcomes the patient or his relatives that his case deteriorates because of carelessness and negligence of the medical cadres, and there is no harm in that as they have the right to make a complaint when they believe that a medical malpractice has led to deterioration in the patient’s health or perhaps his death, but the decision shall be of course for the competent authorities.
This takes our attention to another question, Could making the complaint be a mere vexatious act?
This may happen but in very rare cases, as the legislator has drafted legal provisions to protect the physician from any act like this. The Emirati medical liability law has determined the concept of medical malpractice and clarified the physician’s duties and responsibilities towards his patient, and prohibited him from specific practices mentioned in the law provision. It is clear that law has not left a gap. Accordingly, law has left no room for injustice to the physician, patient or medical facility. In Article 24 for example, the physician may not be investigated, arrested or pre trial detained because of a complaint against him, except after provision of the final medical report from the health authority, including the serious medical malpractice, subject of complaint.
So, There are specialists to determine whether there is a medical malpractice or not?
Sure, an expert committee consists of specialist physicians in all medical fields is formed under a resolution of the minister or head of the health authority, and it is called the medical liability committee, and it hears the complaints referred by the health authority, the Public Prosecution or the court. It clarifies whether a medical malpractice is actually occurred or not, its seriousness, the resulted harms, the causal relationship between the malpractice and harm, percent of disability and other data clarified in its report in detail. The committee can seek help from the experts and whoever it finds suitable to execute its work.
On the other side, Can the physician get insurance against the medical malpractice?
Yes, the medical liability law abides the profession practitioner in the State to have a civil insurance liability against the medical malpractice at an authorized insurance company. It abides the owner of the facility as well to insure upon the profession practitioners, working for him, against the civil liability towards the medical malpractice, and he pays all the insurance installments.
Does punishment for a medical malpractice reaches imprisonment of the physician?
Yes, Article 34 determines punishment for the serious medical malpractice with imprisonment for a period not exceeding a year, and a fine not exceeding two hundred thousand AED or with one of these two penalties. The punishment can be imprisonment for a period not exceeding two years and a fine not exceeding five hundred thousand AED or with one of these two penalties if the serious medical malpractice results in death of a person.
At the end of this interview, we thank you for clarifying this important subject, which is the medical malpractice subject.
Thank you for your interest in this valuable subject.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE