Medical malpractice cases

Medical Liability Law issued by Federal Decree-Law No. (4) For a year 2016 And its executive regulations No. (40) For a year 2019
Medical malpractice cases are among the complex and sensitive legal matters that require a delicate balance between protecting patient rights on one hand and ensuring that medical practitioners are not subjected to unjust legal consequences on the other hand. At Juma Al Naqbi Advocates & Legal Consultants, we provide specialized legal services focused on issues related to medical malpractice, relying on deep expertise and extensive knowledge of the UAE laws governing this field.
The legal concept of medical errors
Medical error is the negligence, omission, or ignorance that may be committed by the healthcare provider—whether a doctor, nurse, or pharmacist—during the exercise of their profession, which leads to harm to the patient.
Common forms of medical errors
    1. Misdiagnosis or delayed diagnosis.
    2. Negligence during surgery or medical procedures.
    3. The neglect in following up on the patient's medical condition.
  1. Prescription of inappropriate medications or incorrect dosages.
  2. Failure to obtain the patient's consent before treatment or surgical intervention.
The legal framework for medical malpractice in the Emirates
Regulation of Medical Malpractice Cases in the United Arab Emirates in accordance with Federal Law Number (4) For a year 2016 Regarding medical responsibility, which is considered the fundamental reference in these matters.

The medical law addresses the following points:

    1. Compensation
      The law requires the responsible party to compensate the patient or their relatives for the damages incurred.

    2. Protection of Doctors
      Liability shall not be imposed unless the error is clearly established in accordance with professional standards.

  1. Definition of Medical Liability
    The determination is based on the existence of an error, negligence, or violation of professional standards.

  2. Medical Evaluation Committees
    Specialized committees assess the situation and issue a report to determine the existence of medical malpractice.

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

Juma Al Naqbi Advocates & Legal Consultants offers comprehensive legal services in medical malpractice cases, including:

    1. Mediation
      Striving for an amicable resolution of disputes in coordination with medical accountability committees, to save time and achieve justice.

    2. Defense of Doctors
      Representation of medical practitioners in case of their accusation, with the provision of a legal defense based on evidence and medical reports.

  1. 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; they affect individuals' lives 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 professional integrity in achieving justice, with the utmost commitment to precision and timeliness.

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