Understanding Civil Case Law in the UAE and your Medical Malpractice Claim

Go Back Understanding Civil Case Law in the UAE and your Medical Malpractice Claim

 

As the UAE becomes a popular destination for medical tourism, the country is attracting both patients and international practitioners to support a robust and cutting-edge healthcare landscape with some of the most advanced facilities and world-renowned talent available.

However, it’s an unfortunate fact that there are times when medical errors occur, which can affect a patient’s quality of life or, in extreme cases, lead to severe disability or death. Additionally, a patient may become disgruntled and decide to pursue a claim against their healthcare provider for a variety of reasons.

When a medical malpractice claim does arise, it can be an especially confusing and frustrating experience for both the patient and the healthcare provider who face unfamiliar procedures during a difficult and emotional time. Whether you are a patient, healthcare practitioner, or medical institution, it’s important to have knowledgeable legal counsel to guide you through each step of the process.

At Abdulla Al Awadi Advocates & Legal Consultants, our expert professionals in civil law in the UAE assist you with every stage of a medical malpractice claim. We understand that in- depth knowledge and practical experience are required to provide vigorous support for our medical malpractice clients.

What is medical malpractice?

Medical malpractice is a type of tortious liability claim in which a patient claims that a healthcare practitioner or institution has caused an injury. Some bases for these claims include providing the incorrect diagnosis or treatment, and errors, omissions, or negligence when administering treatments.

How can a civil lawyer in UAE help?

We understand civil case law in the UAE and have managed cases from initial filing to final judgment and execution. But even more importantly, an experienced civil lawyer of medical malpractice can help determine whether parties could settle the matter outside of litigation. By focusing on a quicker, more amicable approach to conflict, both sides may be able to resolve their issues without enduring contentious and time-consuming hearings and adjudications.

Additionally, the UAE has recently introduced the Federal Medical Liability Law of 2016 and Cabinet Resolution No. 40 of 2019, under which all medical malpractice actions against healthcare providers and institutions must first be brought before a medical committee named the Medical Liability Committee which was is authorized to determine- among other things-  whether a certain act or omission by a practitioner or healthcare provider constitutes a medical malpractice act. Upon the party’s appeal, the finding of the Medical Liability Committee is subject to a further review by a higher committee named the Higher Committee for Medical Liability which is authorized to look into the matter and issue a final decision/report to either uphold or alter the findings of the Medical Liability Committee. No court action based on medical malpractice act will be entertained by the court unless after obtaining a final report/decision from one of the abovementioned committees.   A medical malpractice lawyer experienced in civil law in the UAE is well-equipped to assist parties in going through all  above prescribed procedures and in the best way of defending their case before the medical committees and the court.

For more information about how an experienced civil lawyer in UAE can assist you with your medical malpractice action, contact Abdulla Al Awadi Advocates & Legal Consultants at +971 4 335 2200 or info@abdullaalawadi.com.

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