Civil liability provisions for medical error in the United Arab Emirates: an analytical study

• Main Author: Alketbi, Fatma Sultan Saeed Aljarah
• Format: Thesis
• Language: English; English
• Published: 2024
• Subjects: K Law (General); R Medicine (General)
• Online Access: https://etd.uum.edu.my/11738/1/Depositpermission_s904765.pdf; https://etd.uum.edu.my/11738/2/s904765_01.pdf; https://etd.uum.edu.my/11738/

A comprehensive analysis of medical mistake is essential in establishing civil or legal liability in the United Arab Emmistakesirates, since it forms the basis for evaluating medical accountability. Therefore, the doctor cannot be legally or civilly responsible unless his acts are explicitly categorised as a medical mistake. The UAE Medical Liability Law No. 4 of 2016 and the Federal Civil Transactions Law No. 1 of 1985, as amended by Law No. 1 of 1987, are considered important laws regarding medical errors and the resulting compensation in the United Arab Emirates. Moreover, medical mistakes and the subsequent procedures of determining accountability and offering recompense are immensely important topics in the United Arab Emirates. The doctor's negligence in providing proper care and caution when treating the patient, which led to harm, injury, or even death, requires the doctor to bear responsibility for their error or lack of care and provide compensation. The study utilised a doctrinal legal methodology, specifically examining the philosophy of UAE law on civil or legal responsibility for medical mistakes and the accompanying reparation. The study also found that the legal duty in the laws of the United Arab Emirates is mostly tortious rather than contractual. The UAE judiciary has adopted an impartial standard to evaluate a doctor's error and then determine the specific medical mistake made by the doctor. In conclusion, the researcher proposes the creation of a judicial legal body to examine cases of civil or legal liability for medical errors prior to initiating legal proceedings in the relevant courts. This would facilitate the identification of the person responsible for the medical error, establish the causal relationship, and ascertain the right amount of compensation. As a result, this would reduce the burden on the courts in the UAE.