Understanding UAE Medical Liability: What to Do If Your Treatment Fails
In the UAE, a medical procedure that fails to meet your expectations does not automatically qualify as medical malpractice. Under Federal Decree-Law No. (4) of 2016, a doctor is held liable only if a clear "medical error" is proven. This standard requires evidence that the practitioner acted with negligence, lacked essential technical knowledge, failed to exercise proper diligence, or did not adhere to recognized professional standards. Furthermore, healthcare providers are mandated to secure informed consent, where they must explain the risks, benefits, and potential for failure before any procedure begins. If you were fully informed of the risks and the outcome was simply unsuccessful despite the doctor following proper medical protocols, it is generally difficult to establish a liability claim.
However, if you believe your doctor was negligent or failed to explain the risks properly, you have the right to seek recourse. The first step is to file a formal complaint with the relevant health authority in your emirate, such as the Dubai Health Authority (DHA), the Department of Health – Abu Dhabi (DoH), or the Ministry of Health and Prevention (MOHAP). Once a complaint is submitted, it is reviewed by a specialized Medical Liability Committee. This committee of experts investigates the case, analyzes medical records, and determines if a breach of standard care occurred. If the committee confirms that a medical error caused your injury, you can then proceed with legal remedies, including potential compensation for the damages suffered.