How To File A Medical Negligence Case In Dubai
The complaint goes to the health authority before it goes to a judge, and the medical liability committee's finding effectively decides the case.
Filing A Medical Negligence Complaint, Step By Step
"Our Law Firm has been assisting clients on how to file a medical negligence case in Dubai and has been successfully winning legal battles giving our clients the right to compensation for damages on their everyday life and financial losses."
HT Lawyers is composed of a team of Criminal and Civil Lawyers specializing in medical malpractice or negligence. Our Firm not only provides professional assistance on how to file a medical negligence case in the Dubai, UAE but also handles client representation throughout the entire case. Our experts work closely with healthcare authorities, medical experts, and Police officials in order to collect significant facts and come up with a strategic approach for handling the case.
In 2016, the United Arab Emirates has issued Federal Law No. 4 on Medical Liability which aims to govern the activities of the medical professionals as per the established medical practices, the system for dispute resolutions, and the different aspects of medical negligence.
A medical professional's failure to follow medical procedures or lack of caution is considered medical malpractice. However, to prove an act of criminal medical negligence and be able to file a complaint, the complainant has to prove that a "gross medical error" had occurred - which was not clearly defined until 2019 when the UAE issued a resolution clarifying the term "gross medical error" which may be regarded in case of any of the following:
After providing legal assistance on how to file a medical negligence case in Dubai, UAE, our Law Firm will initiate filing a case with our client's approval by liaising and submitting a complaint with the competent healthcare authority within the Emirate of jurisdiction. The health authority will then refer the complaint to the Committee of Medical Liability as identified in the Medical Liability Law, where investigations are conducted and reports are prepared. From this stage, our Lawyers will support further and represent clients in filing a criminal case/ complaint to the Police and Public Prosecution or a civil case in the Dubai Courts where the complainant can ask for compensation for the damages caused. These phases are critical as the Authorities and the Court will decide on the outcome as per the result of the investigations and hearings as well as the memoranda and the supporting documents received. It is, therefore, necessary for a complainant to have a legal representation to be a step ahead during this legal battle.
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Stages Of A Medical Negligence Complaint
Defence and complaint work supported by examination of the underlying records and reports.
- Obtaining The Medical File
- Health Authority Complaint
- Medical Liability Committee Referral
- Independent Medical Opinion
- Committee Findings
- Appeal To The Higher Committee
- Civil Compensation Claim
- Criminal Referral Where Gross
- Enforcement Of Judgment
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If Your Matter Crosses Into Another Area Of Law, Start With The Page Below.
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- Litigation LawyersLitigation is a documentary exercise in the Dubai Courts. Cases are won on the memorandum and the annexes, not on.
- Legal AdvisorMost of what a legal advisor prevents never becomes visible. That is the point of having one before the dispute.
FAQ's
General Guidance On This Area Of Law. Advice On Your Own File Requires The Documents And Any Case Reference.
Who Investigates A Medical Negligence Complaint In Dubai?
The health authority regulating the facility receives the complaint and refers it to a medical liability committee, which determines whether a medical error occurred and how serious it was.
How Do I Obtain My Medical Records?
Patients are entitled to a copy of their file from the treating facility on written request. Request the complete record, including notes, imaging, consent forms and prescriptions, rather than a summary.
What Happens After The Committee Reports?
The finding supports a civil claim for compensation and, where the error is found to be gross, can lead to criminal proceedings against the practitioner. A finding of no error effectively ends most claims.
Can The Committee's Decision Be Challenged?
The decision can be appealed to the higher committee provided for in the medical liability legislation, within the period prescribed. Fresh medical evidence is usually needed to make an appeal worthwhile.
Have The Medical File Reviewed Before You Complain
Request your complete medical records from the facility first, then send them with a chronology of what happened.
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