The medical profession is one of the most precise and challenging fields. Therefore, medical practitioners must exercise the highest degree of caution, especially since they deal with human bodies. They are also required to stay up to date with the latest advancements in medicine. However, if a doctor deviates from this standard, neglects their duties, falls behind their peers in development, and commits a medical error while treating a patient—whether in treatment, cosmetic procedures, surgeries, or otherwise—the UAE legislature grants the affected party the right to seek recourse against the doctor and the hospital where the error occurred.
In such cases, the injured party must first file a complaint with the Medical Liability Committee, as stipulated in the Medical Liability Law. The law states:
“A medical liability committee shall be established by a decision of the Minister or the head of the relevant health authority. This committee shall comprise specialized medical experts in all fields and be referred to as the ‘Medical Liability Committee.’ The executive regulations define its formation, rules, and procedures. This committee, and no other body, shall be responsible for reviewing complaints referred to it by the health authority, the public prosecution, or the court, determining whether a medical error occurred and assessing its severity. (…) Claims for compensation due to medical liability shall not be accepted unless they have first been reviewed by the Medical Liability Committees.”
However, medical malpractice lawyers in Dubai and Abu Dhabi, UAE, emphasize Article (20) of the same law, which states:
“Both the complainant and the medical practitioner against whom the complaint is filed may appeal the decision of the Medical Liability Committee. This is done by submitting an objection to the relevant health authority within thirty (30) days from the date of receiving the committee’s report, as outlined in the executive regulations. The health authority shall then refer the report, along with all related documents, to the Supreme Medical Liability Committee, as stipulated in Article (21) of this law. If no objection is filed within the specified period, the committee’s report shall be considered final, and no appeal against it shall be accepted before any authority.”
Furthermore, Article (21) of the law stipulates:
“A permanent Supreme Medical Liability Committee shall be established by a Cabinet decision based on a proposal from the Minister of Health and Prevention, in coordination with other health authorities. The decision shall define its formation, rules, procedures, term of membership, and member remuneration.”
Medical malpractice lawyers in Dubai and Abu Dhabi stress that these committees have exclusive jurisdiction over appeals against the decisions of Medical Liability Committees. They issue well-reasoned reports on each appeal following the procedures established by the Cabinet. The Supreme Committee may uphold the initial report, reject the appeal, amend the decision, or overturn it. Its report is deemed final and cannot be appealed before any authority.
Collectively, these legal provisions indicate that the Medical Liability Committee—as defined in the decree-law—has the sole authority to determine:
- Whether a medical error occurred.
- The cause of the error and the resulting damage.
- The causal link between the error and the damage.
- The extent of impairment in the affected organ (if any).
- Any other relevant matters requested from the committee.
The law also outlines procedures for appealing the committee’s decisions before the Supreme Medical Liability Committee. The committee’s report is final and cannot be contested before any other authority.
Additionally, the law introduces a mandatory requirement for filing compensation claims for medical liability in court. A case cannot be accepted unless it has first been reviewed by the Medical Liability Committees. If a case is filed before the Supreme Medical Liability Committee has ruled on the objection submitted by the complainant or the medical practitioner, the court must suspend the case until the committee has issued its decision.
The Black Robe legal team has handled numerous medical malpractice injury claims and has developed a unique approach that has led to unprecedented results.
The Black Robe platform and medical malpractice lawyers in Dubai and Abu Dhabi, UAE, are available for any inquiries regarding compensation claims or other legal matters. Do not hesitate to contact us via chat or phone through the Black Robe platform.
