Medical Negligence in UAE: Legal Rights, Compensation & How to File a Claim

Medical negligence in the UAE is regulated by Federal Decree Law No. 4 of 2016 on Medical Liability, which ensures patients’ rights while laying down stringent standards for medical professionals. In case you have been harmed by poor-quality medical treatment, it is important to know your legal recourse to receive justice and equitable compensation.

What Constitutes Medical Negligence?

Medical negligence takes place when medical practitioners don’t deliver the standard of care as anticipated, which leads to injury to patients. In accordance with Article 6 of the Medical Liability Law, medical mistake emanates from:

• Ignorance of technical issues which should be known by practitioners with equal qualifications
• Non-adherence to accepted medical standards and procedures
• Failure to exercise proper caution and negligence

Examples include misdiagnosis, surgical procedure errors, anesthesia errors, medication errors, birth injury, deficient post-operative care, and failure to provide informed consent.

Proving Medical Negligence: Three Essential Elements

To prevail on a claim for medical negligence, you need to prove:

1. Duty of Care – There was a relationship between the healthcare provider and you where the health care provider had a duty of care towards you.
2. Breach of Duty – The medical practitioner violated this duty by conduct below accepted standards because of ignorance, negligence, or non-compliance with guidelines.
3. Causation and Harm – Actual physical, psychological, or financial harm ensued as a direct consequence of the breach. In the absence of established harm from negligence, there is no legal ground for compensation.

Legal Penalties for Medical Negligence

UAE law places severe sanctions on health professionals convicted of medical negligence:

• Standard negligence: Up to 1 year imprisonment and fines up to AED 200,000
• Negligence causing death: Up to 2 years imprisonment and fines up to AED 500,000
• Negligence while intoxicated: Up to 2 years imprisonment and fines up to AED 1,000,000

Notably, doctors cannot be jailed unless the Higher Medical Liability Committee confirms a serious medical error. This safeguard ensures expert medical review before imposing criminal sanctions as mentioned in the UAE Ministry of Justice guidelines on medical errors.

Real Compensation Awards in UAE Courts

Knowing the actual court decisions offers clues to compensation amounts:

1. Colon perforation during hernia repair: AED 250,000 for avoidable surgical blunder
2. Paralysis due to anesthesia mistake: AED 7,000,000 compensation to 12-year-old boy and parents
3. Brain damage during nasal surgery: AED 300,000 fine and one-year jail terms for three physicians
4. Hand amputation of child: AED 547,000 total compensation including diya (blood money)

These cases illustrate UAE courts providing considerable compensation when medical practitioners violate their duty of care, especially for permanent disability or death.

Compensation and Diya (Blood Money)

UAE courts determine damages on a case-by-case basis depending on:

• Severity and degree of injury
• Degree of fault
• Current and future medical costs
• Loss of earnings and capacity to earn
• Emotional and psychological damage
• Long-term care needs
• Permanent disability or disfigurement

In the event of medical negligence leading to death, families get diya of AED 200,000 plus other civil compensation for economic damages and emotional distress. Diya is Islamic legal dictates acknowledging the worth of human life and is provided to legal heirs as per inheritance laws.

Filing Your Medical Negligence Claim: The Process

Step 1: Document Everything

Immediately gather medical charts, test results, prescriptions, witness statements, and document visible injuries.

Step 2: Complain to Health Authority

File complaints with Dubai Health Authority (DHA), Department of Health Abu Dhabi (DOH), or Ministry of Health and Prevention with proper incident descriptions and supporting documents.

Step 3: Review by Medical Liability Committee

The committee conducts an investigation within 30 days, examining evidence, interviewing the parties, and ascertaining medical error, parties at fault, and degree of harm.

Step 4: Appeal to Higher Committee

Both sides have the right to appeal within 30 days to the Higher Committee for Medical Liability for final administrative ruling.

Step 5: Legal Action

Upon committee verification of medical mistake, proceed with civil compensation actions and/or criminal prosecution in courts.

Time Limits and Legal Deadlines

Act in a timely manner to preserve your rights:

1. Civil claims: 3-year time limitation from when harm was first discovered (Article 298, UAE Civil Code)
2. Contractual breach: 15-year time limitation
3. Criminal complaints: Vary by offense severity

Consult legal professionals immediately upon discovering negligence to ensure timely filing.

Reconciliation Option

UAE law permits unique reconciliation where victims, representatives, or heirs can settle with doctors through health authorities, terminating criminal proceedings at any stage. However, reconciliation doesn’t prevent pursuing civil compensation separately and isn’t available for repeated medical errors.

Patient Rights Under UAE Law

Doctors must:

1. Obtain consent before treatment (except emergencies or contagious diseases)
2. Not withhold emergency treatment
3. Perform physical exams prior to treatment
4. Keep patient confidentiality (with certain exceptions)
5. Provide appropriate qualifications for surgery
6. Have necessary equipment and facilities available

Prior to surgery, physicians need to be qualified, perform required tests, obtain written consent, and have the facility adequately equipped. Understanding your patient rights in the UAE is crucial for protecting yourself.

When Doctors Are NOT Liable

Article 17 shields medical practitioners when:

1. Damage is not caused by doctor’s mistake as Article 6 defines
2. Harm is caused by patient’s own behaviour (refusal of treatment, non-adherence)
3. Alternative methods of treatment comply with acceptable medical standards
4. Approved complications arise which are inherent risks of medicine
5. Emergency treatment is administered without available consent

Why Legal Representation Matters

Medical negligence claims encompass intricate medical and legal concepts demanding:

1. Technical expertise of medical standards and UAE law requirements
2. Ability to procure and evaluate medical records and expert opinions
3. Negotiation experience with insurance institutions and healthcare organizations
4. Successful advocacy before Medical Liability Committee and courts
5. Thorough damage evaluation for maximum recovery

If not advised by the right lawyer, the patient stands to lose money by accepting substandard settlements, losing important deadlines, or not being able to prove vital claim elements.

How FranGulf Advocates Can Help

FranGulf Advocates & Legal Consultants is specialized in providing medical negligence representation across Dubai, Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain.

Our Services Include:

1. Free confidential consultation and case evaluation
2. Medical record analysis using expert consultants
3. Extensive evidence gathering and witness coordination
4. Representation in front of Medical Liability Committees
5. Effective negotiation with healthcare providers and insurers
6. Experienced civil and criminal court litigation
7. Maximum recovery of compensation covering all damages

Our skilled legal staff is aware of the personal and emotional impact medical negligence has on patients and loved ones. We’re dedicated to getting you the justice and compensation you are entitled to.

Schedule a confidential consultation with our medical negligence specialists at FranGulf today. Don’t battle this challenge on your own, let our established expertise do the work for you.