Medical Malpractice Cases in the UAE | Juma Al Naqbi Advocates & Legal Consultants

Medical malpractice cases

The Law of Medical Responsibility issued by the decree of Federal Law No. (4) of 2016 and its executive regulations No. (40) of 2019.

Medical malpractice cases are among the complex and sensitive legal issues that require a delicate balance between protecting patients' rights on one hand and ensuring that healthcare practitioners are not subjected to unjustified legal actions on the other hand. At Juma Al Naqbi Advocates & Legal Consultants, we offer specialized legal services focusing on matters related to medical malpractice, drawing on deep expertise and extensive knowledge of the UAE laws governing this field.

The legal concept of medical errors

Medical malpractice is the negligence or deficiency or ignorance that may be committed by a medical practitioner—whether a physician, nurse, or pharmacist—during the performance of their profession, resulting in harm to the patient.

Common forms of medical errors

1. Misdiagnosis or delay in diagnosis.
2. Negligence during surgery or medical procedures.
3. Failure to follow up on the patient's medical condition.

Prescribing inappropriate medications or wrong doses.
Failure to obtain patient consent before treatment or surgical intervention.

The legal framework for medical errors in the UAE

The regulation of medical malpractice cases in the United Arab Emirates is governed by Federal Law No. (4) of 2016 concerning medical liability, which serves as the primary reference in these matters.

The provided text translates to: "The medical law addresses the following points:"

1. Compensation
  The law requires the responsible party to compensate the patient or their family for the resulting damages.
2. Protection of Doctors
  Liability shall not be imposed unless the error is proven clearly and in accordance with professional standards.

Definition of Medical Liability
Determined based on error, negligence, or violation of professional standards.
Medical Evaluation Committees
Specialized committees evaluate the condition and issue a report to determine the presence of a medical error.

Juma Al Naqbi Advocates & Legal Consultants in cases of medical malpractice

The office provides comprehensive legal services in medical malpractice cases, including:

1. Mediation
  Efforts for an amicable settlement of disputes in coordination with the medical liability committees, to save time and achieve justice.
2. Defense of Doctors
  Representation of medical practitioners in cases of accusations, along with the provision of a legal defense based on evidence and medical reports.

Representation of Patients
Legal support for victims of medical errors, from filing complaints to litigation, along with gathering evidence in cooperation with experts.

Summary

Medical malpractice cases are not merely legal disputes, but they also affect the lives of individuals and the reputation of medical institutions. At Juma Al Naqbi Advocates & Legal Consultants, we provide comprehensive legal services aimed at protecting the rights of our clients and ensuring the highest levels of justice, with adherence to the utmost standards of precision and efficiency.

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