The Article 6 of the Federal Decree-Law No. (4) of 2016 Concerning Medical Liability (UAE Medical Liability Law) sets out the circumstances in which a medical practitioner may be held liable for medical error:

“A medical error is an error committed by the practitioner of the profession for any of the following reasons:

1. His ignorance of the technical issues that every practitioner of the profession of the same degree and specialisation is supposed to be aware of.

2. Failure to follow the recognised professional and medical standards.

3. Failure to act with necessary due diligence

4. Negligence and failure to act carefully and with precaution.

The executive regulations of this Decree-Law shall set the standards of gross medical errors.”

Accordingly, medical liability arises only where a medical error has been established. The mere fact that a treatment or surgical procedure did not produce the desired or expected results may not, by itself, be sufficient to establish medical error.

In addition, healthcare providers are required to obtain the patient’s informed consent before carrying out any medical procedure. This is in accordance with the Article 8 (c) of the UAE Medical Liability Law which provides:

“The patient’s written consent must be obtained if the patient is fully competent or from the spouse or any relative to the fourth degree if the patient lacks competency or if his consent could not be obtained for carrying out the surgical procedure or any other necessary surgery and after keeping the patient aware of the potential effects and medical complications resulting from the surgery. Whoever reaches the age of eighteen shall be competent to issue the consent unless he lacks legal capacity.”

An informed consent requires that a patient is adequately informed of the nature of the proposed treatment, its expected benefits, potential risks and complications, available alternatives, and the possibility that the intended outcome may not be achieved. Where these matters have been properly explained and informed consent has been obtained, the treating doctor may not generally be held liable merely because the treatment fails to achieve the desired result.

However, where a patient believes that the treating doctor failed to exercise the required standard of care, did not adequately explain the material risks or available alternatives, failed to obtain proper informed consent, or otherwise acted negligently, the patient may lodge a complaint with the competent health authority, such as the Dubai Health Authority (DHA), the Department of Health – Abu Dhabi (DoH), or the Ministry of Health and Prevention (MOHAP), depending on the emirate in which the treatment was provided.

Such complaints are generally referred to a specialised Medical Liability Committee, which examines the medical records, expert medical evidence, and all relevant circumstances to determine whether a medical error has occurred and whether such error caused the patient’s injury.

This is in accordance with the Article 18 of the UAE Medical Liability Law and Article 9 of the Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (4) of 2016 Concerning Medical Liability.

Article 18: Upon a resolution to be issued by the minister or the health authority, as appropriate, a committee of experienced doctors specialised in all the medical fields shall be created and titled “Medical Liability Committee”.

The Executive Regulations shall set the way such committee is formed and the rules and procedures of its work. Such committees shall be exclusively in charge of settling the complaints referred thereto by the health authority, the Public Prosecution or by the court and shall decide whether or not a medical error has been committed and seriousness of such error.

In case of several liabilities, the committee shall decide the percentage of every person who contributed in such error indicating its reasons, resulting damages, the relation between the error and the damage and the percentage of disability in the affected organ, if any. The committee may seek the assistance of experts and of whomever it deems fit to perform its duties.

This committee shall be subject to the provisions of Federal Law No. (7) of 2012 referred to above as far as they do not conflict with the provisions of this Decree-Law. The indemnification claims filed as a result of the medical liability shall not be accepted unless after their referral to the Medical Liability Committees under the provisions of this Decree-Law.”

Article 9(1): “A committee to be known as (Medical Liability Committee) shall be composed at each health authority, by virtue of a resolution by the minister or the head of the health authority, as the case may be. Members of such shall include doctors specialising in the specialisations named by the health authority. The resolution issued in this regard shall name the committee’s chairman, deputy chairman, members, rapporteur, and the term of membership.”

In accordance with the aforementioned provisions of the law, an unsuccessful medical procedure, in itself, may not establish medical liability.

Medical liability arises only where it is established that the treating doctor committed a medical error by failing to adhere to the recognised standards of medical practice, failed to exercise the requisite degree of care and diligence, or failed to obtain the patient’s informed consent in accordance with the law.

Accordingly, where a patient has reasonable grounds to believe that the applicable standard of care was not met, the appropriate course of action is to lodge a complaint with the competent health authority for investigation by the Medical Liability Committee. Subject to the committee’s findings, the patient may pursue the remedies available under UAE law, including a claim for compensation where the medical error and the resulting damage are established.

Applicable laws: 

1. Federal Decree-Law No. (4) of 2016 Concerning Medical Liability.

2. Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (4) of 2016 Concerning Medical Liability.