{"id":2790,"date":"2024-05-23T12:15:40","date_gmt":"2024-05-23T08:15:40","guid":{"rendered":"https:\/\/saifalshamsiadvo.com\/?p=2790"},"modified":"2024-05-23T12:34:53","modified_gmt":"2024-05-23T08:34:53","slug":"medical-malpractice-in-the-uae","status":"publish","type":"post","link":"https:\/\/saifalshamsiadvo.com\/ar\/medical-malpractice-in-the-uae\/","title":{"rendered":"Medical Malpractice in the UAE"},"content":{"rendered":"
Introduction<\/h5>\n\n\n\n


Medical malpractice is a critical issue in the healthcare sector globally, including in the United Arab Emirates (UAE). It involves professional negligence by act or omission by a healthcare provider. In which the treatment provided falls below the accepted standard of practice and causes injury or death to the patient. The UAE, with its rapidly developing healthcare infrastructure, has specific laws and regulations to address medical malpractice. including medical liability, medical error and also medical mistakes to ensure patient safety and professional accountability.<\/p>\n\n\n\n

Legal Framework<\/h5>\n\n\n\n


The UAE’s legal framework for medical malpractice is primarily governed by Federal Law No. 10 of 2008. This law outlines comprehensive provisions regarding medical malpractice concerning Medical Liability. Additionally, it is supplemented by various regulations and guidelines issued by the Ministry of Health and Prevention (MOHAP)<\/a>, the Department of Health – Abu Dhabi (DOH)<\/a>, and the Dubai Health Authority (DHA)<\/a>. These laws are designed to protect patients’ rights while also outlining the duties and responsibilities of healthcare providers.<\/p>\n\n\n\n

Definition and Scope<\/h5>\n\n\n\n


Medical malpractice in the UAE is defined as a breach of the duty of care by a healthcare provider, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management. The law stipulates that to constitute malpractice, the error must have caused significant harm and deviated from the standard practices accepted by the medical community.<\/p>\n\n\n\n

Reporting and Investigation<\/h5>\n\n\n\n


Patients who believe they are victims of medical malpractice can file a complaint with the relevant health authority (MOHAP, DOH, or DHA). However, the complaint must be supported by medical records and other evidence. Upon receiving a complaint, the authority conducts a thorough investigation, often involving a medical liability committee that includes legal and medical experts.<\/p>\n\n\n\n

Legal Proceedings and Compensation<\/h5>\n\n\n\n


If the medical liability committee finds evidence of malpractice, the case can proceed to the courts. The UAE courts consider expert testimonies, medical records, and other relevant evidence to determine negligence and liability. Moreover, if the court finds in favor of the patient, it can award compensation for damages, which may include medical expenses, loss of income, pain and suffering, and other related costs.<\/p>\n\n\n\n

Key Challenges<\/h5>\n\n\n\n
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  1. Proving Negligence:<\/strong> One of the significant challenges in medical malpractice cases is proving that the healthcare provider’s actions directly caused harm. This often requires detailed medical evidence and expert testimonies.<\/li>\n\n\n\n
  2. Awareness: <\/strong>Many patients are not fully aware of their rights and the legal avenues available for addressing medical malpractice. Increased public awareness and education are essential.<\/li>\n\n\n\n
  3. Regulatory Differences:<\/strong> The UAE comprises several emirates, each with its health authority. While federal laws provide a common framework, there can be variations in how regulations are implemented and enforced across different emirates.
    <\/li>\n<\/ol>\n\n\n\n
    Recent Developments<\/h5>\n\n\n\n


    The UAE has been actively working to enhance patient safety and healthcare quality. Recent developments include:<\/p>\n\n\n\n