Category: Medical and online

Medical malpractice is defined as mistakes made due to negligence that lead to severe injury or damage to a patient. The UAE has a formal system for reporting, investigating, and acting on such incidents through various federal laws and regulations.

Reporting Medical Malpractice

A complaint about a medical procedure may be filed with the Dubai Health Authority or the Ministry of Health (“Health Authority”). The following steps are taken in the process:

• Submission. A complaint is thrown to the Health Authority.
• Investigation. A committee comprising seven to nine doctors investigates the complaint by interrogating involved medical practitioners and relevant medical tests and reports.
• Result. The Health Authority issues a report categorizing the incident as:
  • No medical malpractice
  • Minor medical malpractice
  • Major medical malpractice

Categories of Medical Malpractice

Medical errors are considered major medical malpractice if they result in:

• Death of the patient or infant
• Accidental removal of an organ
• Loss of organ function
• Any other gross damage

For these errors to be termed medical malpractice, they must emanate from negligence to include:

• Extreme ignorance of recognized medical principles
• Following of unrecognized methods
• Unjustified deviation from medical rules and practices
• Practicing under the influence of anesthesia or psychotropic substances
• Gross negligence, like leaving tools inside a patient’s body, incorrect dosage of medicines, and/or incorrect functioning of medical equipment

Appeal for Investigation Process

Within a span of thirty days, the result of the investigation can be appealed by the medical professional or the patient/family of the patient. It gets forwarded to the Supreme Medical Liability Committee, decisions of which cannot be further appealed.

Aftermath of Medical Malpractice

Once the committee determines the occurrence of medical malpractice, three kinds of redressal can take place:

• Criminal Penalties. Financial fines and/or imprisonment, depending on the severity of the mistake.
• Administrative Penalties. Sanctions, as provided under the 2019 Federal Law, in respect of the Practice of the Medical Profession.
• Civil Liability. The patient, or relatives, if reasonably justified, can sue for civil damages against the concerned erring doctors.

In a significant step toward modernizing reproductive healthcare, the UAE has recently amended its laws governing assisted reproduction. The new legislation, Federal Decree Law No. 17 of 2023 (“Amended Medically Assisted Reproduction Law”), issued on September 15, 2023, brings notable changes to the previous Federal Law No. 7 of 2019.

What Are the Major Changes?

1. Broader Access for Couples:
   • The amended law introduces more flexibility, allowing unmarried non-Muslim couples to undergo medically assisted reproduction, such as IVF. This is a major shift from the previous requirement, which restricted these techniques to married couples only. Now, non-Muslim couples no longer need to provide a marriage certificate; instead, they must submit a declaration outlining the child’s parentage, which requires approval from the relevant authority in the parent’s country of nationality.
2. Changes in Regulations on Reproductive Material:
   • The amendment has removed prohibitions on the use of eggs and sperm, and it now permits the import and export of sperm and egg samples. This development opens up more opportunities for couples seeking assisted reproduction and allows for international collaboration in this field.
   • However, the law still prohibits the use of anonymous sperm or egg donors.
3. Surrogacy:
   • Notably, the amendment removes the previous prohibition on surrogacy practices. While there is no new specific regulation on surrogacy, the removal of certain clauses from the original law can be interpreted as its legalization. This change represents a more open stance on reproductive options.
4. Flexibility in Licensing and Regulation:
   • The new law grants each emirate the authority to regulate reproductive practices through local legislation, providing flexibility for regional governance. If no local legislation exists, the regulations outlined in the Medically Assisted Reproduction Law will continue to apply. The amendment also allows local health authorities to approve new reproductive techniques, suggesting potential future innovations in the field.
5. New Guidelines for Assisted Reproduction Procedures:
   • Reproductive centers must now follow revised requirements to ensure that medically assisted reproduction is the most suitable option after other methods have been unsuccessful. This includes obtaining official documentation, consent from both parties, a certificate indicating no health risks, and a detailed explanation of the procedure and its implications to the couple.

Key Takeaways:

• More Inclusive Access: Unmarried non-Muslim couples can now access IVF and other assisted reproductive techniques.
• New Opportunities for Reproductive Services: The removal of restrictions on sperm and egg import/export and the potential legalization of surrogacy present new avenues for medical professionals and patients alike.
• Potential for Innovation: The amendments open the door for more innovative techniques, guided by flexible licensing regulations and local authority discretion.

What Does This Mean for You?

If you or someone you know is considering assisted reproduction in the UAE, these changes could significantly impact your options. Our law firm is here to guide you through the new legal landscape and help you understand how these changes could affect your family planning journey.

Tune in to Our Podcast Episode: For a deeper dive into these legal changes and what they mean for you, check out our latest podcast episode of LAWGICAL with Ludmila on UAE’s New In Vitro Fertilization Laws. Listen now for expert insights and guidance from our experienced legal team!

For more information or to discuss your specific case, feel free to contact us. Our experts are here to assist you with personalized legal advice tailored to your needs.