Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
Medical negligence stands as a critical aspect of healthcare law in the UAE, significantly impacting both patients and healthcare practitioners.The Federal Decree-Law No. 4/2016 on Medical Liability lays down a robust legal framework to ensure the highest standards of patient care. In this article, we explore the key aspect of medical negligence under UAE law, providing valuable insights for both patients and healthcare professionals.
Article 3 of the UAE’s Federal Decree-Law No. 4/2016 emphasizes that healthcare professionals in the UAE must fulfil their responsibilities honestly and accurately. They are required to follow recognized scientific and technical guidelines to provide proper care to patients.
Importantly, practitioners should not exploit patients’ needs for personal gain or the benefit of others illegally. The professional is also required to comply with applicable laws in the UAE, promoting fairness and equal treatment for all patients.
Understanding Medical Negligence:
Under Article 6, Medical negligence, as defined by the Medical Liability Law, occurs when a practitioner fails to meet the required standard of care, resulting in harm to the patient. This harm can arise from various reasons, including ignorance of technical matters, failure to follow recognized medical rules, lack of due diligence, negligence, or failure to exercise caution. Practitioners are held responsible for their actions.
Duties and Responsibilities of Practitioners:
The medical liability law outlines the duties and obligations of practitioners, emphasizing the importance of accuracy, honesty, adherence to scientific rules, and compliance with applicable legislation. Practitioners are expected to register the patient’s health condition, provide necessary information about treatment options, and obtain informed consent before proceeding with any medical procedures.
Article 5 of the medical liability law explicitly prohibits certain actions, such as treating a patient without consent, performing unnecessary surgeries, and disclosing patient secrets without proper justification. Violations of these provisions carry penalties, including imprisonment and fines, depending on the severity of the offence.
Medical Liability Committees and Investigations:
The medical liability law establishes Medical Responsibility Committees to examine complaints related to medical errors. These committees play a pivotal role in determining the extent of medical error, allocating responsibility, and assessing damages. Additionally, the law outlines procedures for investigating practitioners, ensuring a fair and thorough examination of alleged medical negligence cases.
Legal Consequences of Medical Negligence:
Article 28 of the medical liability law specifies penalties for medical negligence, including imprisonment and fines. For offences related to human cloning falling under Article 12(1) and embryo implantation under Article 14, imprisonment and fines ranging between AED 200,000 to AED 500,000 may apply.
Violations of Article 12(2) medical experiments on a human being and Article 15 doctors’ intervention on reproduction control without the couple’s consent or birth control without the opinion of a specialized medical committee may lead to imprisonment and fines ranging between AED 100,000 and AED 200,000. The severity of the penalties is determined by the nature of the offence, degree of negligence, violation of professional rules, and the impact on patient well-being.
Civil Liability Insurance:
Article 25 of the medical liability law mandates practitioners to have civil liability insurance for medical errors from a licensed insurance company in the UAE. This insurance is mandatory for practising in the UAE and serves as a safeguard for both practitioners and patients. The law ensures that health facilities are liable for compensating patients in case of medical errors.
Patient Rights and Recourse:
Article 34 describes serious medical errors, and committing such an error may lead to imprisonment and a fine ranging up to AED 200,000 or both. If a serious medical error causes the death of the patient, the offender may face imprisonment for up to 2 years and a fine not exceeding AED 500,000 or both. If these aforementioned serious medical errors occur under the influence of alcohol, the penalty may increase to not less than AED one million, with an imprisonment period not exceeding 2 years.
According to Article 35, allows victims, their attorneys, or heirs to request reconciliation with the accused before the competent health authority for crimes punishable under Article 34. Reconciliation can result in the termination of criminal proceedings, but it does not affect the right to pursue civil compensation claims.
Conclusion:
Medical negligence is a serious matter addressed comprehensively under the Federal Decree-Law No. 4/2016 on Medical Liability in the UAE. Healthcare practitioners must adhere to standards, and patients have rights and legal recourse in the event of negligence. Understanding the legal framework is important for both practitioners and patients to ensure the highest quality of healthcare services and accountability within the UAE.