July 10, 2023 Medical Negligence in the UAE: Two Cases, Two Approaches Share Medical negligence is a critical issue that affects patients worldwide, and the United Arab Emirates (UAE) is no exception. When healthcare professionals fail to provide an acceptable standard of care, legal remedies are pursued to address the damages caused. In the UAE, medical negligence cases can be categorized into two distinct types: civil cases seeking compensation and criminal cases seeking punishment. This article aims to shed light on medical negligence in the UAE, exploring both the civil and criminal aspects of these cases. In the UAE, specifically in Dubai, it is important to note that before initiating legal action in medical negligence cases, a mandatory step involves filing a complaint with the Dubai Health Authority (DHA). The DHA plays a crucial role in reviewing and investigating complaints related to healthcare providers and their services. Upon receipt of a complaint, the DHA conducts a thorough investigation to determine whether medical negligence has occurred. If the DHA investigation reveals evidence of negligence, it can serve as a strong basis for further legal action. In such cases, the affected party can proceed to file a civil lawsuit seeking compensation in the appropriate court. The court proceedings will then involve presenting the findings from the DHA investigation, along with additional evidence, to establish the elements of the case and seek a favourable judgment. It is worth mentioning that the DHA’s role in medical negligence cases is vital, as it helps ensure the accountability of healthcare providers and maintains the standards of care within the healthcare system. By requiring the initial complaint to be filed with the DHA, the UAE legal system encourages a transparent and systematic approach to addressing medical negligence concerns. Civil cases for medical negligence in the UAE typically involve filing a lawsuit in the appropriate court. The court proceedings involve presenting evidence, including medical records, expert testimonies, and supporting documentation, to establish the elements of the case. If the court finds in favor of the plaintiff, compensation may be awarded. Civil Cases for Compensation: In the UAE, individuals who have suffered harm or loss due to medical negligence can pursue a civil case seeking compensation for the damages incurred. These cases are based on civil law principles and aim to restore the injured party to their pre-injury state, as far as possible, through financial compensation. Key elements involved in civil cases for medical negligence in the UAE include: Duty of Care: Establishing that a duty of care existed between the healthcare provider and the patient, where the provider had a responsibility to provide a certain standard of care. Breach of Duty: Demonstrating that the healthcare provider breached their duty of care by deviating from the accepted standard of care. This typically requires expert medical testimony and analysis to assess whether the actions or omissions of the healthcare provider fell below the expected standard. Causation: Proving that the breach of duty directly caused the harm or injury suffered by the patient. This involves establishing a clear link between the healthcare provider’s negligence and the damages incurred. Damages: Assessing and quantifying the extent of the damages incurred, including physical, emotional, and financial losses resulting from the medical negligence. Compensation may be awarded to cover medical expenses, rehabilitation costs, lost wages, pain and suffering, and other relevant damages. Criminal Cases for Punishment: In the United Arab Emirates (UAE), medical negligence cases can extend beyond civil litigation seeking compensation. In some instances, medical negligence crosses the threshold of criminality, where the actions or omissions of healthcare professionals result in intentional harm or death. This article explores the concept of criminal cases of medical negligence in the UAE, shedding light on the legal implications, pursuit of justice, and the role of criminal law in addressing these serious incidents. Understanding Criminal Medical Negligence in the UAE: Criminal cases of medical negligence in the UAE involve situations where healthcare professionals are held criminally accountable for intentional harm or death resulting from their actions or omissions. These cases focus on establishing criminal liability, rather than seeking financial restitution. It is important to note that criminal medical negligence cases require a higher burden of proof, as they must demonstrate intentional wrongdoing or gross recklessness on the part of the healthcare professional. Elements of Criminal Medical Negligence in the UAE: To establish a criminal case of medical negligence in the UAE, the following key elements must be proven: Intent or Gross Recklessness: The prosecution must demonstrate that the healthcare professional’s actions or omissions were intentional or involved a level of recklessness that amounts to a criminal offense. This may involve showing that the professional knowingly deviated from the accepted standard of care or engaged in intentional misconduct. Causation: It must be proven that the negligent actions directly caused the intentional harm or death. This requires establishing a clear link between the actions of the healthcare professional and the resulting harm or loss of life. Criminal Liability: The prosecution must demonstrate that the actions or omissions of the healthcare professional meet the legal requirements for criminal liability under UAE law. This may involve showing a violation of specific laws or regulations governing medical practice, such as those related to patient safety, duty of care, or medical ethics. Pursuing Justice in Criminal Medical Negligence Cases in the UAE: Criminal medical negligence cases in the UAE involve legal proceedings aimed at determining guilt and imposing appropriate penalties. Medical negligence is a significant concern in the UAE, and both civil and criminal cases are pursued to address the damages caused. Civil cases for medical negligence seek compensation for the victims and their families, aiming to restore them to their pre-injury state through financial restitution. Criminal blood money cases, on the other hand, involve compensation paid to the victim’s family in situations where death occurs due to unintentional harm. By recognizing both the civil and criminal aspects of medical negligence cases, the UAE legal system strives to provide avenues for justice and compensation to those affected. It is essential for individuals who have experienced medical negligence to seek legal advice and assistance to navigate the complexities of the legal process and ensure their rights are protected. Individuals who believe they have been victims of medical negligence should consult with legal professionals familiar with the UAE’s specific laws and regulations. These professionals can provide guidance on navigating the necessary steps, including the filing of complaints with the appropriate authorities, and offer assistance throughout the legal process to protect the rights and interests of the affected parties.
