Beyond all doubts, we live in the intense medically advanced age where technology and top-notch research have enabled superior-level practices and advancements in the medical field. But medical mistakes and malpractices are always on the verge of happening. In fact, this is a serious reason that has taken a massive number of lives every year.
These medical mistakes and malpractices are happening every year and taking the lives of people with nothing left but regret and mere apologies. It is indeed a delicate issue to cater to and bring under consideration that horror stories have occurred over the years. For example, they are removing the wrongly detected organ, some stories where patients were not adequately anesthetized, which led them to feel miserable pain during the operation, and a lot more.
Fortunately, these scenarios are rare and not regular practices because of the robust system in the UAE that leads to a secure and safe medical system. But you must have heard that to error is human, and not everyone forgives, considering the tormenting pain they have borne or a loss of a loved one. So, there are chances that even the doctor fails to meet the standard of care and procedures considering the improper and negligent treatment for a person that results in a considerable loss.
It is a supremely complex issue that medicines are often far from a perfect science. Many professional doctors or medical experts take a trial for something that wasn’t known to them or others in the past – making it completely vague for them to work on it. Sometimes it works, and sometimes it doesn’t. And this is where the problem gets more extensive and complex at times.
Understanding Medical Negligence
Before diving deeper into this write-up, it is essential to understand medical negligence. Medical malpractice during treatment or diagnosis is considered medical negligence whenever a medical professional is certified and has the authority and right to treat patients. In easy words, failing to diagnose the adverse conditions, even worsening the conditions of a patient, or increasing the chance of patient death or deterioration are some points considered medical negligence. For example, improper or unacceptable practices during operations and other medical procedures are what come under the medical negligence umbrella.
The detrimental effect on a patient’s health is a result of medical negligence. And the proven case of medical negligence can become a matter of grave concern for healthcare professionals, doctors, nurses, etc. There might be some ease on this matter in other countries of the world, but when we talk about the United Arab Emirates, medical negligence means strict punishments and fines or both in some cases.
5 Common Lawsuits in the Healthcare System in the UAE
The government and authorities in the UAE have taken careful consideration against healthcare negligence from professional doctors and medical staff anywhere in the UAE. To ensure that no medical negligence happens to the patients in the UAE, the authorities have devised some lawsuits in the healthcare system. Having said this, here are the 5 most common cases that every medical professional and the patients and their families must know about.
Federal Law No. 5 – The Practice of Medical Profession
The UAE Federal Law No. 5 in 2019 focuses on regulating the practice of the medical profession. This law is a newly devised law that replaces Federal Law No. 7 earlier in the Practice of the Medical Profession. According to this law, legislation has been passed, and strict adherence to this law has been made mandatory. Following are some of the pointers to note;
- It clearly mentioned that no uncertified person could conduct healthcare practices anywhere in the UAE without obtaining a license from the healthcare authorities in the UAE.
- No doctor or physician is allowed to sell medicine samples to patients or directly order patients to buy specific drugs from dedicated pharmacies.
- Pharmacies and doctors are liable not to establish any percentage game between them.
Federal Law No. 4 – Medical Malpractice Law
The United Arab Emirates Federal Law No. 4 concerning the Medical Malpractice Law is also known as Medical Liability Law. This law mentions the malpractice context, which becomes pivotal for everyone to know. If anyone has encountered a medical error by any practitioner for the following reasons are subject to complaints and punishments finalized by the civil prosecution in the UAE. The reasons are;
- If a medical practitioner has shown ignorance of technical issues, they are generally aware of.
- If they fail to adhere to the medical standards set by the UAE authorities.
- If any doctor or healthcare staff has failed to act with due diligence.
- If they haven’t acted carefully or without safety precautions.
Unfortunately, patients victims of medical malpractice can file a complaint with the local medical authority or bring a civil prosecution case with their legal consultant Dubai. The authorities will look into the matter and investigate the gravity of medical negligence.
Federal Law No. 2 – Information Technology in the Healthcare Area
The government of the UAE passed Federal Law No. 2, which is strictly concerned with the use of Communication and Information Technology in the Medical or Healthcare System in the UAE. This caters to all the UAE’s medical practices, including the free zones in various Emirates.
According to this lawsuit, the medical professionals and organizations are bound to protect the information and records to release outside of the UAE. Singularly, the processing, generating, storing, and transferring of medical reports, information, data, or documents outside of the UAE will be considered a criminal act and must be dealt with accordingly.
Federal Law No. 4 – Private Medical Facility
UAE’s government established Federal Law No. 4 of 2015, a law passed for private healthcare facilities. This law is an amended law of Federal Law No. 2 of 1996, which clearly mentions the licensing requirement for establishing private healthcare facilities.
According to this, any private facility established for healthcare purposes that include operations or management must obtain a license before functioning in the UAE. The administrative regulation in the UAE will specify the legal and technical conditions after a careful survey and monitoring. All the healthcare organizations in the private domain must follow the international healthcare standards as made compulsory by the UAE authorities. They must also have qualified and certified professionals for treating patients in their private setups.
Patient Referral Policy of 2019
Dubai Health Authority created a Patient Referral Policy in April 2019, which cores around the following;
- All the healthcare professionals having insufficient resources to manage patients must follow community referrals.
- The hospital settings must be adequate. In case of inadequacy, all primary referrals, care referrals, and post-acute referrals must be done accordingly.
- Transferring of patients in case of lack of medical billings will be done in their acuity.
The Final Words
Here are the 5 most common lawsuits and legal proceedings in the healthcare system in the UAE. These laws and regulations bring subtle enforcement of medical liabilities in the UAE for medical contentment. So, if you are unaware of the legal lawsuits you might take action against, these lawsuits and laws governing the medical sector will give you a clear insight.