Doctors fill one of the most important roles in the world, and therefore, they have very serious obligations. With this in mind, the UAE Government has deliberately passed many laws to oversee medical practice.

Among the laws is the Federal Decree Law No. 4 of 2016 on Medical Liability. The “Law” provides a primary law that clearly outlines the roles and responsibilities of medical doctors, particularly in the context of medical negligence under UAE law.

Understanding Medical Negligence Under UAE Law

According to Article 6 of the Law, a medical error is considered the act of practitioners. It is due to certain reasons, including being unaware of the technical matters expected of every practitioner with the same grade and specialization, not following accepted professional and medical norms, and a lack of diligence resulting from negligence and a lack of care.

In addition, Article 5 of Cabinet Decision No. 40/2019 (implementing Federal Decree-Law No. 4/2016 on medical liability) provides clarity on the definition of a medical error, stating that it is serious when committed by a practitioner out of gross ignorance or unjustified deviation from best medical practices and established protocols.

Medical errors, as defined by the medical negligence UAE, which result in the death of a patient or embryo, the erroneous removal of an organ, or cause serious injury or significant impairment to the normal function of an organ, warrant severe implications.

General Rules in Medical Practice and Medical Negligence Under UAE Law

In accordance with Article 5 of Federal Decree Law No. 4 of 2016, medical professionals are strictly prohibited from engaging in certain behaviors. This legislation is intended to protect the rights of patients and is also meant to ensure that medical professionals act ethically.

Each types of medical negligence UAE. In the following sections, the specific duties of medical professionals include the following:

1- Doctors must obtain a patient’s consent before treating that patient, unless the patient has a contagious disease that presents a danger to the public, or in an emergency in which the patient cannot consent. In either case, the doctor must inform the patient or a family member about the patient’s treatment as soon as possible.

2- Doctors must provide emergency treatment, and upon beginning treatment, a physician may not stop treatment of the patient unless the patient refuses treatment or other “unforeseen” circumstances interfere with the physician’s treatment.

3- Doctors cannot refrain from treating an injured patient unless the patient has a medical matter or condition that is outside the competence of the doctor. In this context, the doctor must provide emergency first aid before referring the patient to a physician who has the level of competence to treat the patient properly.

4- Doctors cannot use unauthorized or illegal procedures in treating patients.

5- Doctors also cannot treat a patient unless an appropriate physical examination of the patient has occurred. However, a physician may offer telehealth services so long as they satisfy the requirements of the law.

6- Physicians should not conduct physical tests on a patient whose sex differs from their own, without consent beforehand, and in the presence of a third party, unless necessitated by circumstances. 

7- Physicians may not enact procedures for a sex change. 

9- Physicians may not hospitalize a patient in any place other than a permissible medical facility, except in an emergency. 

Physicians may not perform nonessential measures, treatments, or surgery on any patient without the patient’s informed consent.

Legal Consequences of Medical Malpractice

The law provides severe consequences for medical malpractice, even those caused by medical errors.

Under UAE law, a doctor who commits medical negligence under UAE can be imprisoned for up to 1 year and face a fine of up to AED 200,000. If the error results in the death of a patient, the law increases the sentence to up to 2 years, and a fine of up to AED 500,000.

If the medical error occurs while the health care practitioner is under the influence of drugs or alcohol, the law holds the practitioner responsible for up to 2 years imprisonment and a fine of up to AED 1,000,000.

Conclusion

Health professionals in the UAE assume profound duties, and the law regulates their behavior to ensure patient safety. Federal Decree Law No. 4 of 2016 on Medical Liability stipulates medical negligence under UAE law, defines types of medical error, and defines the circumstances under which the medical error becomes serious.

There are general obligations that doctors must follow: obtaining consent from patients, providing care in emergencies, conducting thorough physical exams, and avoiding non-permitted or harmful procedures. If doctors fail to comply with their obligations, the implications could be very serious.

The UAE law has strict consequential implications for medical negligence due to medical malpractice.

There could be imprisonment for 1–2 years, and there could be a financial penalty of AED 200,000– AED 1,000,000, which may occur together depending on how serious the error was. There are other factors considered in determining penalties.

For example, whether a patient died as a result of the medical error, or whether the medical staff involved in the accident was intoxicated.

These types of scenarios are very complex and if you are a practitioner, seeking legal advice from a trusted firm such as Khairallah Law Firm, which you can rest assured is one of the Best Lawyers in Dubai to assist medical practitioners through a complex legal situation, may prove to be very helpful.