Surgical Operation Regulations according UAE law 2016 medical liability amendments The united Arab emirates law on medical liability impose regulation on surgical intervention , the surgical intervention is a mean of treatment, but surgical intervention only occurs in case of need according the patient status and the seriousness of the disease , and the doctor must use the medicines instead of surgeries if it can perform WhatsApp: +971555570005
Surgical Operation Regulations according to UAE law no. 4 of 2016 on medical liability and its amendments
The united Arab emirates law on medical liability impose regulation on surgical intervention , the surgical intervention is a mean of treatment, but surgical intervention only occurs in case of need according the patient status and the seriousness of the disease , and the doctor must use the medicines instead of surgeries if it can perform the same function which is healing the patient and the surgical intervention occurs only with the approval of the patient and after conducting all the medical tests and medical analysis, which confirm the need to conduct a surgery , and the surgery must be performed in a health facility that is well prepared to perform the surgery and the physician who performs the surgery must be qualified .
These regulations that provided by law, exclude the emergency cases where the surgical intervention is necessary to save the patient life, and these regulations on surgeries stated in article 8 of UAE law of the medical liability, which provided that:
Except the emergency cases that require immediate and necessary surgical intervention to save the patient’s life or the fetus or to avoid gross complications that they may suffer, surgeries may not be made unless:
• The physician who performs the surgery is qualified according to his academic specialization, and his practical experience and accuracy and significance of the surgery.
• The necessary laboratory tests and analyses are made to ensure that the surgical intervention is necessary and appropriate to treat the patient, and to ensure that the patient’s health condition permits performance of the surgery.
• A written approval is taken from the patient if he is legally competent, or from the patient’s spouse or a relative to the fourth degree if he is partly or totally incompetent, or if it is not possible to obtain his approval, in order to perform the surgery or any other necessary surgery after being informed of the consequences and potential medical complications of the surgery. unless being incompetent, every person has completed eighteen years old shall be considered qualified for approval.
• It is not possible to obtain the patient’s approval or approval of the patient’s spouse or a relative to the fourth degree, a report by the attending physician and other physician from the same health facility and its manager confirming the need to perform a surgery to the patient shall be sufficient un less he is legally competent, as well as inability to have any of such approvals
• The surgery is performed in a health facility that is well prepared to perform the respective surgery.
From the above mentioned article of UAE law of medical liability, the article stated all the conditions required which the physician must consider before conduct the surgical intervention and the place that must be well prepared to perform the surgery, and the medical qualifications, practical experience and conduct the tests and the approval of the patient or a relative, and the purpose is the patient’s safety.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE