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UPDATE: Medical Liability Law in the UAE
Legal liability, whether criminal or civil, happens as a result of an act (or omission of an act) committed by a person, which results in damage to a third party, this includes medical malpractice.
Under the Medical Liability Federal Law No. 4 of 2016 (the “2016 Law”), a medical professional is required to pay necessary care and make honest efforts in line with established medical practices. A medical professional is liable for medical malpractice arising from ignorance of technical matters, which every practitioner of the same profession is expected to know. Failure to follow the accepted professional and medical practices, failure to pay the due care or lack of caution can also be considered medical malpractice.
There is a misconception that injury is always physical, however an injury caused as a result of malpractice need not be physical, compensation can be claimed for emotional stress, loss of income, psychological pain and suffering and medical expenses, this list is not exhaustive.
In order to prove criminal medical negligence, the 2016 Law provides that a “gross medical error” must have occurred for there to be a rise for imprisonment or fines to be imposed, however, this term was never adequately defined making it difficult to put into practice.
The UAE has issued the UAE Cabinet Resolution No. 40 of 2019 (“Resolution“) which expands on parts of the 2016 Law. The Resolution has clarified many grey areas, a few of which will be considered below:
Gross Medical Error:
The Resolution elaborates on the term, “gross medical error”. Malpractice is considered “gross” if it leads to the death of the patient or embryo, the unnecessary removal or function of an organ or any other severe damage, as a result of the following malpractices:
- Ignorance of recognised principles as per those practicing the same profession;
- Adopting a medically unrecognised method;
- Unjustified deviation from the usual medical rules and practices;
- Under the influence of alcohol, drugs or any other intoxicating substance;
- Severe neglect or lack of prudence in conducting recognised medical procedures;
- Intentionally practicing out of the scope of the specialisation granted in the medical license;
- Treating or diagnosing on matters not trained and without supervision.