When a patient suffers harm due to a medical error committed in the UAE, they have the right to file a compensation lawsuit. The doctor responsible for the error is held accountable for violating professional duties, which may result in physical or moral damage. This type of lawsuit is processed under the framework of the civil liability of the physician or hospital. The claimant seeks to recover their rights through lawful compensation based on the legal regulations enforced by the UAE Medical Liability Law.
This article focuses on the legal conditions and procedures for such lawsuits and the critical role of a lawyer in strengthening the case.
Conditions for Filing a Medical Malpractice Compensation Lawsuit in the UAE
It is not sufficient for the patient to merely claim that a medical error occurred in order to file a lawsuit. Specific legal conditions must be met according to the Federal Law No. 4 of 2016 on Medical Liability. Meeting these conditions is essential to establish the civil liability of the physician or healthcare provider.
The required conditions include:
- Occurrence of a Medical Error or Unlawful Conduct:
The harmful act must originate from the practitioner directly or from an employee acting under their knowledge and supervision. The act should contradict recognized scientific principles or professional standards in medical practice. - Harm Caused to the Patient:
It must be proven that the patient suffered damage—either physical or moral—directly resulting from the wrongful practice or the physician’s failure to fulfill their professional duty. - Causal Link Between the Error and the Harm:
There must be clear evidence that the harm was caused directly by the medical error and would not have occurred otherwise. - Report from the Competent Medical Committee:
A report from the Higher Medical Committee for Legal Medical Responsibility must confirm whether a medical error occurred and assess its connection to the damage. - Article 18 of Federal Law No. 4 of 2016:
It stipulates that no compensation lawsuit for medical error can be filed before the case is reviewed by the specialized medical committee, which must issue a technical report establishing the error and its consequences.
Procedures for Filing a Medical Malpractice Compensation Lawsuit
A person harmed by medical malpractice cannot immediately request compensation through the courts without following the necessary steps outlined in Federal Law No. 4 of 2016. These steps include:
- Submitting a Complaint:
The complaint should be submitted to the relevant health authority in the emirate where the incident occurred (e.g., Department of Health or Health Authority). - Referral to the Higher Medical Liability Committee:
The complaint is then referred to the Higher Medical Liability Committee or the competent technical committee, which reviews the case and issues an official medical report on whether a medical error occurred and its link to the damage. - Receiving the Technical Medical Report:
This report is a prerequisite for the court to consider the lawsuit and must be submitted along with the necessary legal documents. - Filing the Lawsuit in the Civil Court:
The claim is then filed before the competent civil court, including requests for compensation, evidence, and supporting arguments. - Litigation Process:
This includes court sessions, exchange of legal memos, and issuance of a final judgment based on facts and expert reports.
The Lawyer’s Role in Filing a Medical Malpractice Compensation Lawsuit
Filing a compensation claim for medical malpractice is a highly sensitive and complex process due to the technical evidence and legal proceedings involved. Therefore, hiring a medical malpractice lawyer in the UAE is crucial. The lawyer plays a significant role in offering legal consultation online and performing the following tasks:
- Analyzing the Incident:
Assessing whether a medical error occurred based on the criteria outlined in Federal Law No. 4 of 2016. - Estimating Appropriate Compensation:
Evaluating the appropriate compensation amount based on the extent of physical or moral damage and preparing the claim without exaggeration or understatement. - Coordinating with Experts:
Collaborating with medical experts to support the case with professional opinions or challenge the committee’s report if it’s in the client’s interest. - Drafting and Submitting the Complaint:
Preparing the medical complaint and submitting it to the appropriate health authority, then following up on the referral to the medical liability committee. - Reviewing the Technical Report:
Evaluating the validity and strength of the committee’s report as a legal foundation for the lawsuit. - Filing the Lawsuit:
Initiating the medical malpractice lawsuit in accordance with the UAE Civil Procedure Law and submitting the required documents and reports. - Legal Representation in Court:
Representing the harmed party in court, submitting legal memoranda and defenses, and following up with sessions until the final compensation judgment is issued.
