Khairallah Advocates & Legal Consultants UAE
UAE Law & Legal Articles Blog

Medical Liability Pursuant to the Provisions of the Federal Decree Law No. (4) of 2016

Concept of Medical Error It is lawfully established that every person is liable for his/her acts. The physician’s liability towards his/her patient is a personal liability and constitutes a form of civil liability that requires existence of error and damage and the causality. The burden lies on the claimant to prove occurrence of damage and to provide evidence affirming that the three elements materialize. Determination of Medical Error The error in general … is the person’s deviation from the natural behavior required by law, while such person realizes the consequences of this behavior. The UAE legislator defined the medical error … Continue reading Medical Liability Pursuant to the Provisions of the Federal Decree Law No. (4) of 2016

Physician’s Forbidden Acts under the Federal Decree Law No. (4) of 2016

Law prevents the physician from doing (10) forbidden acts some of which were not originally set forth in the old law, e.g. Rooming patients in places not prepared for this purpose, conducting sex change or performing unnecessary medical or surgical operations without the consent of the patient, while other forbidden acts were mentioned in the old law and some modifications and additions were made thereto. For facilitation, we will put two lines under each new forbidden act stipulated in the Decree-Law No. (4) of 2016, and one line under each amendment and addition, so that the reader can easily distinguish … Continue reading Physician’s Forbidden Acts under the Federal Decree Law No. (4) of 2016

Duties of Physician under the Federal Decree Law No. (4) of 2016

1. Comply with the rules, regulations, and procedures of practicing the Profession, as per his grade and specialization. 2. Record the patient’s health condition and the medical and family history, prior to diagnosing or treating the case. 3. Prescribe treatment and determine the quantity and usage in legible writing including the name, signature, and date on the prescription; and advise the patient or his family, as the case may be, of the importance of adhering to the method determined for medication. 4. Inform the patient of the nature and degree of seriousness of his illness, unless it is not in … Continue reading Duties of Physician under the Federal Decree Law No. (4) of 2016