Recent years has witnessed increased attention to medical negligence law in UAE and the average payout for medical negligence lawsuits.
with great dedication from medical negligence lawyers in Dubai. the amounts of settlements have substantially increased as well.
the basic amounts of compensation
The UAE Federal Decree-Law No. (4) of 2016 regarding medical negligence has stated the basic amount of settlements to be considered by lawyers and the court system.
No amount of money can even comes close to the suffering of our loved ones, but the law has stated several cases as guidelines regarding payout for medical negligence lawsuits.
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 no less than 10,000 AED.
A gross medical error by a practitioner shall be fined no more than 200,000 AED in addition to up to two years in prison.
that amount goes up to 500,000 AED in cases of death due 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 negligent 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.
actual rulings on payouts for medical negligence
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In recent years, the courts in Dubai and all over the UAE have issued rulings that are aimed to relieve some of the pain that the victims of neglect have suffered.
For example, The Federal Supreme Court issued a ruling obligating a nurse, a hospital, and the Ministry of Health to pay Diya (blood money) and compensation of 547,000 AED to the parents of a girl who suffered medical negligence that led to the amputation of her left hand.
In another case, the court ordered the hospital and the treating doctor to pay a total amount of 7 million AED to a 12 years old boy and his family after being paralyzed as a result of gross medical negligence made by the anesthesiologist when estimating the amount of anesthetic.
As a result, sustained serious brain injuries which resulted in a deficit in all his senses and organs as well as his mental and intellectual abilities.
in another case, 300,000 AED were sentenced in favor of 24 years old woman who suffered brain damage. after her blood pressure dropped leading to a cardiac arrest.
Medical negligence in UAE – what is it?
When medical professionals fail to treat their patients with a reasonable degree of care and cause suffering or injury, this is referred to as medical negligence law. Medical malpractice in Dubai is controlled by the UAE Civil Code and UAE Federal Law No. 4 of 2002, which both govern the practice of medicine.
These regulations mandate that healthcare professionals have a duty of care to their patients and follow accepted medical standards and practices when rendering medical care. A patient may be able to sue for medical negligence if a healthcare professional violates these standards and causes them injury.
Misdiagnosis, surgical blunders, birth injuries, postponed treatment, and a failure to get informed permission are a few examples of medical negligence in Dubai. A person has the right to register a complaint with the appropriate authorities and seek compensation for their damages and injuries if they feel they have been harmed as a result of medical negligence.
The complexity of medical malpractice lawsuits and the potential need for expert evidence from medical specialists should be noted. It’s also crucial to move quickly if you think you have a claim since in Dubai the statute of limitations for initiating a claim is normally three years from the date of the occurrence
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What is the payout for medical negligence In UAE?
The amount of compensation that can be awarded in a medical negligence case in the UAE depends on several factors, including the extent of the injury or harm suffered, the impact on the victim’s quality of life, and the costs associated with medical treatment and rehabilitation.
In general, compensation for medical negligence in the UAE can include damages for physical pain and suffering, emotional distress, lost income and earning capacity, and medical expenses. In some cases, additional compensation may be awarded for permanent disability or disfigurement, or for the loss of companionship or support for the victim’s family.
It’s important to note that the compensation awarded in medical negligence cases in the UAE can vary widely depending on the specific circumstances of each case. In order to determine the appropriate amount of compensation, a court may consider factors such as the severity of the injury, the age and health of the victim, and the victim’s future earning potential.
If you have suffered harm as a result of medical negligence in the UAE, it is advisable to seek the assistance of an experienced attorney who can help you understand your rights and options and pursue the compensation you are entitled to.
The best expert in medical negligence Lawyers in Dubai
At Khairallah legal firm in Dubai and Abu Dhabi, we have a team of the best expert lawyers with training in medical negligence and medical staff incompetence. We deal with concerns involving poor medical care, including diagnosis and treatment, as well as deaths brought on by such deficiency. Our experts provide you with a variety of services and consulting related to patient care and critical care issues.
Mahmoud Fahmy is one of the best of our Khairallah legal firm’s lawyers, is practicing law for period exceeding 30 years and achieved remarkable success in criminal cases from drugs to breach of trust, fraud, theft, and most recently electronic crimes/cybercrimes. In addition, Mahmoud Fahmy has obtained/set judicial precedents in civil and real estate cases by securing favorable judgments from the Federal Supreme Court, the Dubai Court of Cassation, and the Abu Dhabi Court of Cassation.