Who is Responsible for Gross Medical Error in UAE - The Doctor or The Hospital?

Negligence is an inability to practice appropriate and moral/reasonable care expected from a professional under specific conditions. A liability under any law for negligence arises when the said professional fails to practice reasonable care and caution whilst performing his duty causing severe damage and harm to the victim. The idea of negligence is that individuals should practice sensible consideration in their activities, by assessing the potential damage that they may predictably cause to others or property.

We all believe that doctors are next to god and life without these medical professionals seems impossible in this era. Nonetheless, we often hear complaints about their reckless and negligent behaviour whilst performing their sacred professional duties. Civil Lawyers of Dubai will herein discuss the responsibilities of doctors or hospitals for gross medical errors committed within UAE.

UAE New Law

In late 2019, the government of UAE issued Ministerial Resolution 40 of 2019 as an implementation law for Federal Law number 4 of 2016 governing the Medical Liability in UAE. The new Resolution defines the “gross medical error” as an error which caused the death of the patient or the fetus, removal of a body part or limb, or any other gross medical damage to patient’s body, which has been caused under following circumstances:

●      Negligence whilst adapting the usual medical code of practice as per the professional’s specialization;

●      Adopting a method which is not considered medically under normal practice;

●      Deviating from the medical rule book without any justified reason;

●      Performing his duties under the influence of intoxication or other drugs;

●      Failing to adhere with clear set of rules or reasonable prudent procedures or basic standards of practice;

●      Utilising new means of treatment or diagnosis on which the professional has never been trained in or supervised by the higher authority;

●      Intentionally practising medically without being authorised to perform such activity or is outside the scope of the professional medical license.

It is pertinent for the readers to note that prior to the issuance of the medical liability law, the medical professionals were criminally liable in case they commit any gross medical error. However, the issuance of the new Regulation has clarified the status for medical professional’s criminal liability. Therefore, medical professionals committing gross medical error as per the Regulation shall be held criminally liable and not otherwise.

Penal Liability under the Law

As afore-mentioned, no medical professional shall face imprisonment or any criminal liability unless, the Higher Medical Committee established under the Medical Liability Law confirms the presence of a gross medical error. In such circumstances, following actions can be taken against the doctor or medical professional who has allegedly committed gross medical error:

●      In the event that the malpractice and damages caused to the victim are of serious nature and are enough to prompt a criminal indictment, the specialist may confront a jail term of as long as a year, or a fine of up to Dh200,000 or both. These fines are payable to the relevant authorities and are notwithstanding any compensation granted to the victim by a civil court.

●      In the event that the gross negligence prompts death of the victim, at that point the punishment will be a jail term of as long as two years, or a fine of up to Dh500,000 or both. On the off chance that the reason for the malpractice is seen as because of the doctor's abuse of liquor or opiates, the fine could be extended to Dh1 million.