However, the law lacked in providing an explicit guideline or procedure to
initiate such claims before the relevant authorities in UAE. Following the
issuance of Medical Liability Law, many struggled before the authorities to
understand the procedure for raising such claims. Consequently, to overcome such
procedural issues, the Government of UAE recently laid down Cabinet Resolution
40 of 2019 as an Executive Regulations for the Medical Liability Law of
2016. Civil Lawyers of Dubai post scrutinizing the very aspects of the new
Cabinet Resolution are writing this article regarding the procedure for
approaching the civil courts for filing a claim for medical negligence or
malpractice.
In accordance with new Medical Liability Law, the medical practitioner will be
held criminally liable only in the cases of gross medical error, however,
the Law did not define the instances of gross medical error which is now covered
under the Cabinet Resolution as follows:
As we are all aware by now that under the new Law, a Medical Liability Committee
was established to assess and analyze the claims on medical liability. The
complaints can be referred to the Committee by Health authority of the relevant
Emirate or Public Prosecution as the case may be as it is a prerequisite prior
to filing medical liability claims. In addition, the Cabinet resolution has shed
some light on the functions and operations of the Committee.
In this regards, every health authority in the concerned Emirate will now have
its own Committee wherein, the Law issued by each Emirate will determine the
members of the Committee. Importantly, the Committee shall prepare a report to
ascertain the damage or medical error, which will be given to the complainant
and the defendant. The report will be subjected to appeal before the Supreme
Medical Committee by either party within 30 days from the date of receiving the
report.
Another significant disclosure under the Cabinet Resolution is regarding the
insurance for all medical professionals which will cover cases of medical
malpractice cases. Importantly, hospitals are obliged to take insurance covering
malpractice cases.
Cabinet Resolution has opened many gateways for individuals filing a claim for
medical malpractice cases, yet, there are certain areas of Medical Liability Law
that require explicit explanation which seems to be missing in the Resolution.
Nevertheless, the government will be issuing further executive regulations to
further explain the law.
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...
One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...
The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...
Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...
Please Drop Your Comments