Medical Negligence Claim in Ajman UAE

Medical Negligence Claim in Ajman UAE

Medical Negligence Claim in Ajman UAE

Medical Negligence Claim in Ajman UAE

A Medical Negligence Claim in Ajman UAE is considered one of the most complex and sensitive forms of litigation, due to the intricate interaction between medical, technical, and legal considerations. Such claims require more than merely proving that harm has occurred; they demand clear evidence that the harm was the direct result of a serious professional error committed by a medical service provider, whether a physician, nurse, or a licensed healthcare facility operating within the United Arab Emirates.

In Ajman UAE, a Medical Negligence Claim is governed by a specific legislative and regulatory framework that regulates medical liability and professional accountability. This framework aims to balance the protection of patients’ rights with safeguarding healthcare practitioners from unfounded or arbitrary allegations, recognizing that medical practice is inherently uncertain and does not guarantee specific outcomes.

Concept of Medical Negligence under UAE Law

Within the scope of a Medical Negligence Claim in Ajman UAE, medical negligence refers to a breach by a physician or medical institution of the legally and professionally required duty of care, as determined by established scientific standards, approved medical protocols, and professional regulations applicable in Ajman UAE healthcare system.

UAE law does not require that medical negligence be intentional. It is sufficient that the breach arises from negligence, lack of due care, failure to exercise proper caution, or non-compliance with approved medical standards and guidelines.

Typical forms of medical negligence that may give rise to a Medical Negligence Claim in Ajman UAE include, without limitation:

• Misdiagnosis or delayed diagnosis.
• Unjustified delay in providing appropriate medical treatment.
• Prescribing treatment incompatible with the patient’s medical condition.
• Performing medical or surgical procedures without obtaining valid informed consent.
• Failure to conduct proper medical follow-up after treatment or surgery.

These acts represent the most common factual grounds upon which Medical Negligence Claims in Ajman UAE are initiated before the competent authorities.

Essential Elements of a Medical Negligence Claim in Ajman UAE

For a Medical Negligence Claim in Ajman UAE to be accepted by the competent judicial bodies, three essential elements must be established. The absence of any one of these elements results in the dismissal of the claim, regardless of the seriousness of the alleged harm.

The elements are:

• Medical error
• Damage
• Causation (causal link)

Medical Error in a Medical Negligence Claim in Ajman UAE

Medical error constitutes the cornerstone of a Medical Negligence Claim in Ajman UAE. It occurs when a healthcare practitioner or medical facility breaches the duty of care imposed by UAE law and professional medical standards.

The applicable standard is not that of an ordinary person, but that of a reasonably competent practitioner of the same specialty, working under similar circumstances within Ajman UAE healthcare system.

A medical error may be established where the practitioner:

• Violates established medical and scientific principles recognized in Ajman UAE.
• Fails to comply with approved treatment protocols.
• Acts negligently, recklessly, or without due caution.
• Performs medical procedures without the requisite competence or authorization.
• Omits actions that should have been taken in accordance with accepted medical practice.

Under UAE law, a medical error is not presumed solely because an adverse medical outcome has occurred. Medicine is an inherently probabilistic field, and deterioration may occur even when proper standards are followed. Accordingly, in a Medical Negligence Claim in Ajman UAE, the decisive issue is the practitioner’s conduct, not the medical result alone.

Medical error may be individual or institutional, with liability extending to healthcare facilities in cases of administrative failure, inadequate equipment, poor supervision, or assignment of medical duties to unqualified personnel.

Damage in a Medical Negligence Claim in Ajman UAE

Damage is an indispensable element of a Medical Negligence Claim in Ajman UAE, and liability cannot arise in its absence. The damage must be actual, certain, and medically established, rather than speculative or hypothetical.

Damage may take several forms, including:

• Physical damage, such as worsening of a medical condition, permanent or partial disability, loss of an organ, or bodily disfigurement.
• Psychological damage, including emotional distress and mental suffering resulting from the medical error.
• Material damage, encompassing additional medical expenses, loss of income, or diminished earning capacity.

While the damage need not be catastrophic to establish liability, its severity plays a significant role in determining the amount of compensation awarded in a Medical Negligence Claim in Ajman UAE.

Causation in a Medical Negligence Claim in Ajman UAE

Causation is regarded as the most delicate and complex element of a Medical Negligence Claim in Ajman UAE, as the claimant must establish that the damage suffered was the direct result of the medical error committed, and not due to the natural progression of the illness, a pre-existing medical condition, or an independent external factor unrelated to the disputed medical act.

In practice, UAE courts rely heavily on medical expert reports and the opinions of the competent Medical Liability Committees to determine the existence of causation. These reports constitute a fundamental pillar in adjudicating Medical Negligence Claims in Ajman UAE.

If it is proven that the damage would have occurred inevitably even had proper medical standards been observed, the causal link is deemed absent and medical liability is negated. Conversely, it is sufficient to establish that the medical error made an effective contribution to the occurrence of the damage—even if it was not the sole cause—for liability to arise in a Medical Negligence Claim in Ajman UAE.

Third: Burden of Proof in a Medical Negligence Claim in Ajman UAE

As a general rule, the burden of proof in a Medical Negligence Claim in Ajman UAE rests with the claimant, whether the patient or the patient’s relatives. The claimant is required to prove the existence of the medical error, the damage suffered, and the causal relationship between them.

To discharge this burden, UAE courts primarily rely on medical records, expert opinions, and reports issued by the Medical Liability Committees. In this context, medical technical reports play a decisive role, as they form the primary reference upon which the court builds its conviction.

Any deficiency, ambiguity, or inconsistency in these reports may have a direct and substantial impact on the outcome of a Medical Negligence Claim in Ajman UAE, potentially leading to its dismissal or weakening the claimant’s legal position.

Fourth: Role of the Lawyer in a Medical Negligence Claim in Ajman UAE

The lawyer plays a pivotal role in a Medical Negligence Claim in Ajman UAE, beginning with the initial assessment of the incident and evaluation of the medical file, continuing through the drafting of the statement of claim in accordance with sound legal principles, and extending to the follow-up of proceedings before the competent courts and medical committees.

The lawyer’s role is not limited to procedural aspects, but also includes:

• Analyzing medical reports and translating them into clear legal arguments.
• Challenging technical reports where deficiencies, contradictions, or deviations from scientific standards exist.
• Establishing the causal link between the medical error and the damage.
• Claiming appropriate compensation for material and moral damages.

Engaging an experienced Medical Malpractice Lawyer in Ajman UAE is a decisive factor in strengthening the chances of success and safeguarding the patient’s rights.

Fifth: Compensation in a Medical Negligence Claim in Ajman UAE

Compensation in a Medical Negligence Claim in Ajman UAE aims to remedy the damage suffered by the patient and may include:

• Compensation for physical injuries.
• Compensation for loss of income or reduced earning capacity.
• Compensation for pain, suffering, and psychological harm.
• Compensation for current and future medical expenses.

The assessment of compensation falls within the discretionary authority of the court and is determined based on the seriousness of the medical error, the extent of the damage, its impact on the patient’s life, and the specific circumstances of each case.

Sixth: Practical Challenges in Medical Negligence Claims in Ajman UAE

Medical Negligence Claims in Ajman UAE face several practical challenges, most notably:

• Difficulty in proving medical error due to conflicting medical opinions.
• Lengthy litigation proceedings caused by the need for specialized technical expertise.
• The complexity of medical issues, which may be difficult for non-specialists to fully comprehend.
• Overlapping liability among multiple healthcare providers in certain cases.

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

“Medical Negligence Claim in Ajman UAE”