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Medical Malpractice in UAE: Understanding the Laws before Seeking Redressal

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Dr. Alhammadi
Medical Malpractice in UAE: Understanding the Laws before Seeking Redressal

When a patient approaches a doctor, they expect the medical professional to bring the highest degree of skill and knowledge to the table. Any sort of error or act of substandard treatment in medicine dosage, diagnosis, treatment, health management, or aftercare can be detrimental to the patient’s health. Most patients in the UAE deal with the trauma of undergoing unavoidable suffering due to medical negligence and to compensate for that trauma, a medical malpractice attorney in UAE can help to navigate the legal system. 

 

In the United Arab Emirates, the law has evolved over the years and covers medical negligence in detail. Ranging from minor to major negligence that can cause an unavoidable or life-altering death or ailment, medical negligence lawyers can help you with any healthcare negligence issues for which you seek redressal or compensation. 

 

But first, what is medical negligence?

Medical negligence is a deviation by medical professionals from providing the accepted standard of care, which in turn causes harm, injury, or even death to a person. Negligence leads to malpractice if a healthcare specialist fails to inform patients of grave risks in specific treatments or diagnose adverse conditions or makes unacceptable mistakes in the conduct of procedures and operations, due to which the condition of the patient worsens. 

 

Medical Negligence Laws in the UAE

Medical negligence was covered by Federal Law Number 10 of 2008, which was later replaced in 2016 by the New Medical Negligence Law. The Medical Liability Act, which was passed on 16 December 2008, recognizes the doctor-patient connection and mandates that healthcare providers enter into insurance agreements covering treatment errors. In the UAE, claims are considered torts and call for damages as payment. Federal Law No. 4 of 2016, the UAE's new medical law, has rules for situations outside of medical liability. Article 6 of the Act outlines specific justifications for not harming patients, refers to such instances as "medical malpractice," and includes redressal measures.

 

Defining Grounds for the Offences

Article 6 of the Medical Negligence Law defines a medical error as one that a medical professional makes because of:

 

1. Ignorance of technical subjects that any practitioner with the same degree and specialty should be aware of.

2. Failure to adhere to accepted professional and medical standards.

3. Not practicing due diligence

4. Carelessness and inattention

 

A medical error that results in a patient's death (including that of a fetus), the loss of a limb, the impairment of a bodily function, or any other, falls under the definition of medical negligence, as defined in Article 5. Whether a healthcare professional follows a method of treatment that isn’t medically recognized or the patient suffered negligence when the physician was under the influence of alcohol or any illegal substances, you can always consult our professionals for investigating your medical malpractice case. 

 

Our Firm Can Help

Have you or your loved one faced medical negligence that changed your life health forever? Do you want to seek the help of personal injury lawyers or medical lawyers in UAE to file a claim against? If the answer to any of these questions is yes, you can always seek help from our qualified professionals and get the compensation that you deserve.


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