How To File Claim For Medical Malpractice?

Following the issuance of Medical Liability Law, many struggled before the authorities to understand the procedure for raising such claims. Consequently, to overcome such procedural issues, the Government of UAE recently laid down Cabinet Resolution 40 of 2019 as an Executive Regulations for the Medical Liability Law of 2016. Civil Lawyers of Dubai post scrutinizing the very aspects of the new Cabinet Resolution are writing this article regarding the procedure for approaching the civil courts for filing a claim for medical negligence or malpractice.

In accordance with new Medical Liability Law, the medical practitioner will be held criminally liable only in the cases of “gross medical error”, however, the Law did not define the instances of gross medical error which is now covered under the Cabinet Resolution as follows:

1. a mistake that causes the demise of the patient or embryo;
2. removal of an organ accidentally;
3. loss of any organ in the body;
4. the intoxication of the medical professional;
5. medical negligence, for example, an overdose of any medicine or failing to remove the medical equipment from the patient’s body within time.

As we are all aware by now that under the new Law, a Medical Liability Committee was established to assess and analyze the claims on medical liability. The complaints can be referred to the Committee by Health authority of the relevant Emirate or Public Prosecution as the case may be as it is a prerequisite prior to filing medical liability claims. In addition, the Cabinet resolution has shed some light on the functions and operations of the Committee. In this regard, every health authority in the concerned Emirate will now have its own Committee wherein, the Law issued by each Emirate will determine the members of the Committee. Importantly, the Committee shall prepare a report to ascertain the damage or medical error, which will be given to the complainant and the defendant. The report will be subjected to appeal before the Supreme Medical Committee by either party within 30 days from the date of receiving the report.

Another significant disclosure under the Cabinet Resolution is regarding the insurance for all medical professionals which will cover cases of medical malpractice cases. Importantly, hospitals are obliged to take insurance covering malpractice cases.

Cabinet Resolution has opened many gateways for individuals filing a claim for medical malpractice cases, yet, there are certain areas of Medical Liability Law that require an explicit explanation which seems to be missing in the Resolution. Nevertheless, the government will be issuing further executive regulations to further explain the law.