First of all, what is medical negligence?
Medical negligence law is a key aspect of law practice In modern days. We consider doctors and all medical practitioners as the most trusted professionals there is.
We trust them with our lives, the lives of the ones we love, even the lives of our children and unborn children .
Medical negligence is a serious offense and basically it is when an action (or rather lack of action) from a medical practitioners has caused a treatment error duo to lack of interest or devotion to the patient.
For example failing to diagnose adverse conditions duo to omitting some symptoms, failure to inform patients of serious risks of certain treatments or even performing a procedure in a sub- ideal conditions.
When do I seek a medical lawyer in Dubai?
Nothing is more painful than seeing a loved one suffer a harm or an illness and has to enter a medical facility.
We always hope that they receive the best treatments possible.
However, when they don’t receive that kind of care, and they are treated with neglect or carelessness, that hurts even more, we have an urge to seek out help anyway we can.
Medical negligence law has evolved to maintain such rights.
Not taking precautionary steps by the doctors in hospitals can be deemed medical negligence.
For example not sterilizing the equipment, the place and the hospital, also violating the medical protocols which the hospital and doctors must follow according to the ministry of health instructions and regulations.
Even when you are treated by a doctor with a different specialty than the one you require can be considered negligence and you can hold the doctor and the clinic or the hospital responsible.
We hope that this never happens to you, but if it does we as the best medical lawyers in Dubai are here to help.
What is a Gross Medical Error?
In order to prove that a gross medical error has occurred and legal action is needed, we have to first identify what a “a gross medical error” is?
Here in Dubai, the UAE Cabinet Resolution No. 40 of 2019 regarding Medical negligence lawy explains that with as much details as possible.
When a death of a person (or an embryo) or the loss of an organ or a body function or any other sever damage has occurred as a result of the following:
Ignorance of recognized principles in medicine, maybe a deviation from the usual medical practices without justification and using a medically unorthodox method, Severe neglect, or performing medical duties intoxicated (drugs , alcohol) or even practicing out of the scope of the specialization and without proper supervision.
However, you have to be careful as if the damage was caused by the patient’s own act.
such as refusal of treatment, failure to follow doctor’s instructions, or other external factors not releated to the practitioner’s actions.
in order to hold the doctors responsible for their actions, we must prove that the harm is done because of a medical error and not some other uncontrollable complications.
What are the different types of medical negligence?
Medical negligence can happen in many forms; and the modern Medical negligence law has evolved to identify several types of negligence.
wither its misdiagnosis, surgical neglect or anesthesia errors, or even neglecting to give proper medical advice or relevant information.
It can also occur upon birth and delivery or by administrating inappropriate or irrelevant medication.
Sometimes it can happen during a simple cosmetic surgery done without proper sterilization or even upon doing an easy dental procedure.
Can I claim for medical negligence?
You can file a claim if you suspect of any mistakes, negligence or intentional harm.
the complaint will reach The Medical Liability Committee, who are responsible for reviewing medical complaints referred by the health authority, the Public Prosecution, or the courts.
And they will determine whether or not a medical error has been committed and the seriousness of such error.
The compensation claims filed due to medical liability shall only be accepted after being referred and submitted to the Medical Liability.
You can also challenge the decision of the committee within 30 days of that decision.
How to file a medical negligence complaint in Dubai, UAE?
You can file medical negligence complaint IN Dubai to The Medical Liability Committee by reaching out to them on mc.dha.gov.ae – the official DHA website for medical complaints; also, you can email the complaint to the email address:
[email protected]. . You can file medical negligence complaints in the UAE against private clinics, hospitals and health facilities licensed by MOHAP. These complaints must only pertain to DHA-licensed health facilities and professionals.
If the Complaint is related to hospitals and healthcare professionals in Dubai’s free zones like Dubai Healthcare City and Jebel Ali Free zone Authority (JAFZA), and those registered with the Ministry of Health (MOH) shall not be reviewed.
Based on the committee’s decision we may move your case to the court of competent jurisdiction by filing a case for compensation due to damages or injury.
How much compensation are you entitled for medical negligence?
There are many cases of medical malpractice or negligence, which differ from one another, and so are the compensation stated for each case.
Refraining from treating patients in emergency cases as well as performing unnecessary medical or surgical procedures on patients without them being properly informed and their consent will be fined with no less than 10,000 AED.
A gross medical error by a practitioner shall be fined with no more than 200,000 AED in addition of up to two years in prison.
that amount goes up to 500,000 AED in cases of death duo to the mentioned error and up to 1,000,000 AED in case the practitioner was under the influence of drugs or alcohol.
If death is caused by the negligence act of a practitioner, he can be sued for compensation as well as for Diya money which is set at 200,000 AED .
In addition, The New Law permits patients, their heirs, or attorneys to settle with medical practitioners before the health authority in cases where gross medical errors are committed.