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.