Tim Elliott
Welcome to Lawgical, the UAE’s first and only real legal podcast. My name is Tim Elliott. Lawgical comes to you from the Dubai-based legal firm HPL Yamalova and Plewka. As always, with me is the managing partner, Ludmila Yamalova. Nice to see you.
Ludmila Yamalova
Great to see you too, Tim. And I like your qualifications on the status of our podcast because there seem to be a lot of eager beavers these days coming up with new legal podcasts, but as you rightly said, we were the first. For the longest time, we were the only one, and perhaps still to this day, we might be the only regular legal podcasters.
Tim Elliott
Actually, let’s clarify that, because I tend to think we’re really the only legal podcast that’s consistent. I see other firms occasionally pop up with a podcast on an isolated topic, but…
I think we’re the only people in the UAE doing this every week, week in, week out.
Ludmila Yamalova
Indeed. And how many years are we into this now?
Tim Elliott
Two and a half—close to 200 episodes already.
Ludmila Yamalova
Exactly, and we’ve covered almost anything you can think of regarding legal issues in the Emirates. Yet, we keep finding new topics, and here we are again with one we haven’t really touched on before. Today’s topic is something quite personal to me. We’re going to discuss medical malpractice, and I might share a bit of personal experience if you’re unlucky enough to hear it. But first, let’s define what medical malpractice is and how it might take shape.
Ludmila Yamalova
Malpractice, generally, isn’t specific to the UAE but usually involves some form of negligence. In the UAE, negligence includes extreme ignorance of recognized medical principles, failure to follow a medically recognized method, unjustified deviation from medical protocols, or a physician operating under the influence of anesthesia or psychotropic substances. Another criterion is gross negligence, such as leaving surgical tools in a patient’s body, overdosing a patient, or failing to activate medical equipment during surgery. These are some examples of major medical malpractice as defined by UAE regulations.
Tim Elliott
That’s not too dissimilar from how medical malpractice is defined in other jurisdictions. So, in the UAE, how would someone go about reporting an incident of malpractice?
Ludmila Yamalova
As we alluded to earlier, it’s a challenging topic. It’s difficult not only in legal terms but also emotionally, as it involves real-life impact. Over the years, we’ve handled medical malpractice cases occasionally, but recently, we encountered a few cases that struck closer to home for our practice.
To report medical malpractice, the first step is understanding the legislative framework we have here. Historically, medical malpractice laws weren’t clearly defined, so the primary law was federal law number one of 1987, which dealt with civil liability. It wasn’t until 2016 that the UAE introduced a law specifically targeting medical liability—Federal Law No. 4 of 2016. Since then, there have been additional amendments, including Federal Law No. 5 of 2019 regulating the practice of the medical profession and the Cabinet Decision No. 40 of 2019 for executive regulations related to medical liability. Most recently, the Federal Law No. 31 of 2021, which pertains to crimes and punishments, added more specific terms around medical malpractice.
Once familiar with the legal framework, the first action in case of malpractice would be to file a complaint with the relevant health authority. This could be the UAE Ministry of Health at the federal level or a specific emirate’s health authority, like the Dubai Health Authority if the incident occurred in Dubai. When a complaint is filed, it’s reviewed by a committee of seven to nine doctors, who assess the case based on relevant medical reports and witness statements.
Tim Elliott
That sounds like quite an involved process. So, what happens if the committee does find evidence of malpractice?
Ludmila Yamalova
Once a complaint is registered and investigated, the committee examines the actions of all medical staff involved in the procedure. They also review the tests and reports conducted before, during, and after the procedure. If they find fault, administrative penalties can be applied, ranging from a warning to fines between AED 1,000 and AED 1 million, license suspension, or revocation.
Another route, depending on the severity, is filing a criminal complaint. Here, the matter goes to the prosecution rather than just the health authorities. The prosecution handles it in the public interest, and any fines resulting from this complaint go to the government rather than directly to the victim. For example, the doctor could face jail time or deportation if the offense is serious enough, but that would be to uphold justice rather than compensate the victim.
Tim Elliott
So if someone wanted compensation specifically, would they then need to go through the civil courts?
Ludmila Yamalova
Yes, that’s exactly right. For financial compensation, you’d need to file a civil case, ideally supported by a previous criminal finding or a report from the health authority that establishes fault. Civil cases can be challenging, though, as proving negligence in medical procedures requires strong evidence, typically from authoritative bodies like the Ministry of Health.
In civil cases, compensation in the UAE is generally much lower than in other countries, such as the United States. For example, we’ve seen awards of around AED 70,000 in a case involving a botched cosmetic procedure, and about AED 300,000 in a case where a patient lost vision after eye surgery. So, while there is a legal framework for compensation, the amounts tend to be more moderate.
Tim Elliott
It sounds like proving negligence in the UAE is complex, especially since there are so many factors like underlying conditions and different healing rates.
Ludmila Yamalova
Absolutely, and this is something we’ve debated here as well. Proving fault can be particularly challenging in complex medical cases. There may be a question of whether a surgeon was responsible for monitoring a patient’s recovery or if it was the role of another medical staff member. And, as we all know, outcomes can vary greatly depending on the patient’s individual health conditions.
In the UAE, this is why the initial review committee is composed of multiple doctors—usually seven to nine professionals with experience in the relevant field. This helps ensure a fair and knowledgeable assessment of the case. However, even if malpractice is found, there are various degrees, from minor to major, which determine the severity of the consequences.
Tim Elliott
Thanks for explaining that. My own experience with cancer treatment has shown me how complex medical outcomes can be. I’ve had radiotherapy, and as a result, my kidney function has been affected, but that’s not malpractice.
Ludmila Yamalova
Exactly. Side effects and risks are often part of treatment, which is why medical malpractice laws are so structured. Just because someone experiences an adverse outcome doesn’t necessarily mean malpractice occurred. This distinction is critical to maintaining balance in the legal system and ensuring that professionals aren’t unfairly penalized for outcomes beyond their control.
Tim Elliott
It sounds like UAE’s system tries to strike that balance. But what about those cases where severe malpractice does occur?
Ludmila Yamalova
In cases of severe malpractice, where there is proven gross negligence or criminal intent, the penalties are more severe. Criminal penalties can include imprisonment or fines. For instance, a gross medical error resulting in death may lead to fines up to AED 500,000 and a two-year jail sentence.
However, the fine goes to the government, not the victim, and jail time punishes the doctor rather than providing restitution to the victim’s family. This is why, for victims, the civil court remains the primary avenue for compensation.
Tim Elliott
So if someone does pursue a civil case, what’s realistic for them to expect?
Ludmila Yamalova
It’s important to approach civil cases with realistic expectations. Compensation in the UAE is generally awarded based on specific damages rather than punitive damages as seen in the US. There are no provisions for future damages or treble damages here. The court evaluates only the actual harm suffered. For example, AED 70,000 to AED 300,000 is a typical range for significant injuries.
In some cases, victims might also be able to claim compensation from the doctor’s or medical facility’s insurance, which can sometimes offer a separate resolution pathway.
Tim Elliott
Thank you for breaking down the options for recourse. It’s a challenging area, but it’s good to know there are multiple pathways for people affected by medical malpractice.
Ludmila Yamalova
You’re very welcome. It’s a complex but important issue, and I hope this provides some clarity on the available legal recourses here in the UAE.
Tim Elliott
That wraps up another episode of Lawgical, this time covering medical malpractice. A big thanks, as always, to Ludmila Yamalova, managing partner here at HPL Yamalova and Plewka, for sharing her expertise.
Ludmila Yamalova
Thank you, Tim. It’s always a pleasure.
Tim Elliott
You can find us on social media at LYLaw, and our extensive library of episodes covers a wide range of legal topics, all free to listen to. If you’d like a legal question answered on a future episode of Lawgical, or wish to speak to a qualified UAE legal professional, visit lylawyers.com.
