What is Medical Negligence?
- It occurs when health care professionals and medical practitioners fails to fulfill their obligation. They are unable to provide the treatment to the patient that is acceptable according to the due medical standards. Such an action could possibly result in harm, injury, or loss of life. UAE has a strong stance over medical practices and thus, they prioritize the protection of the patients and its rights. The law places emphasis on lawful practices that safeguard the patient’s interest. However, the nature of the medical practice is complicated. Therefore, the hospitals, clinics, and medical practitioners are legally obligated to ensure safety and ethical standards. Competent care is essential to avoid the legal implications. The failure could result in civil, criminal, and administrative liability. Lawyers to handle such liabilities are called as Emirati legal experts. For your knowledge just Emirati lawyers and legal consultants, can represent the residents in courts in different cases. Emirati lawyers in Dubai directly from Dubai-based Emirati law firms provide good services and results.
UAE healthcare sector and the laws:
- The UAE has one of the highly regulated sectors. The authorities are active to ensure fair and legal practices. Moreover, the regulations support the patients who have experienced negligence.
- Federal Decree Law: The Federal Decree-Law No. 4 of 2016 on Medical Liability outlines the medical malpractices in the region. It also explains what medical negligence practices are, the errors, mistakes, misconduct, and more. In addition, it elaborates on the responsibilities of healthcare professionals. It also states that the medical practitioners and healthcare professionals must exercise the skills, expertise, care, and understanding of their role.
Accountability:
In case a doctor, nurse, or medical technician acts recklessly or fails to adhere to the medical standards, they are held responsible for their actions. The law explains that if the healthcare providers are complaint with the medical standards, then they are not liable for any complications, damage, or losses. If the negligence is proven, this may directly affect and affected party will have the right to file for the claim or compensation. Lawyers’ assistance can also be acquired to check legal rules, laws and accountability.
Responsible Authorities of the UAE:
The UAE Ministry of Health and Prevention (MOHAP) and the Dubai Health Authority (DHA) are the two notable entities in the UAE. They actively play their role in investigating the medical malpractices and complaints associated with it. Their expert committees are responsible for reviewing the medical records, analyzing the scenario, and ultimately evaluating the negligence occurred or not. The authorities will prepare and submit the reports that resulted from the negligence. Some of the common examples of medical negligence are as follows:
Misdiagnosis or Delayed Diagnosis
- Surgical mistake, blunder, or errors
- Medication mistakes or negligence
- Failure to obtain informed consent before medical procedures
- Inadequate follow-up care or premature discharge
All these are a few of the eminent incidents that may cause physical harm or emotional distress. This can also lead to financial loss for the patients and their families along with monetary loss. The negligence results in strict penalties such as suspension of license, revocation of medical license or heavy fines.
How to File a Medical Negligence Claim?
The patients and families who suspect Medical Negligence can file a complaint. It is filed with the concerned authorities, named the Dubai Health Authority DHA in Dubai. The complaint is registered with the authorities, who will simultaneously review the medical liability committee. They will check the evidences; examine the patient’s records, medicals procedures, and expert opinions. After this, they will finalize whether the Medical Negligence occurred or not. If it does, the patients can proceed with a civil lawsuit in Dubai. They will seek compensation. A UAE legal system permits the victims, patients, and their families to seek damages.
They can seek medical expenditure, loss of income, pain, suffering, trauma, stress, and long-term disability resulting from negligent care or treatment. Nonetheless, it is integral to act as early as possible to ensure the timelines are honored. There are legal deadlines as per the statute. They are applicable in most cases. According to it, the claims must be filed within 3 years from the date the patient becomes aware of the harm, loss, damage, or injury.
Criminal Liability for Medical Negligence in UAE:
Medical negligence can result in criminal charges. In severe, extreme, or intentional misconduct, criminal liability may arise. For instance, a doctor, nurse, or medical practitioner may perform a risky procedure without proper consent. This can lead to jail sentences, hefty fines, professional bans, and much more. UAE has a very strict approach to ensure the safety, wellness, and accountability in the medical sector. As a result, the victims of medical negligence are entitled to receive compensation for the damages. They may get various kinds of compensation depending on the loss. Some of the actions leading towards compensation are discussed below:
- Medical expenses such as costs for corrective surgeries, rehabilitation, or ongoing treatment.
- Loss of income as a result of injury or permanent disability
- Agony, suffering, and pain that is not quantifiable. Costs related to Future care for severe cases requiring long-term medical support.
The compensation may vary from case to case. It will consider the factors such as the severity of the damage and the evidence presented. The courts and judges will consider the expert reports and testimony to reach a conclusion. The findings of the medical liability committee are also taken into consideration.
Seek the legal services of a lawyer:
It is overwhelming to handle Medical Negligence; such cases are often challenging in nature and require legal and medical expertise may be due to technical faults, procedural negligence, or any other reason. The professional lawyers in Dubai are experienced in handling medical malpractices.
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