Doctors belong to a profession that demands the utmost care and concentration. However, not every surgery or medical procedure produces the desired result. An unsuccessful outcome cannot automatically be attributed to the doctor. If doctors have adhered to the recognised standards of care, holding them liable merely because the intended outcome was not achieved would amount to imposing liability for something beyond their control. UAE law distinguishes between unavoidable medical complications and errors arising from negligence or a failure to comply with professional standards. Medical liability in the UAE is governed by Federal Decree-Law No. (4) of 2016 concerning Medical Liability.

What is medical liability?

Medical liability arises only when a healthcare professional commits a medical error that causes harm to the patient. The primary objective of these laws is to protect patients’ rights and ensure accountability in the healthcare sector. At the same time, they protect doctors who have adhered to recognised medical standards and acted accordingly. The law also seeks to promote confidence in the UAE healthcare system.

Unsuccessful treatment does not automatically mean negligence

An unsuccessful medical treatment or procedure does not automatically mean that it was performed negligently or that a medical error occurred. Every procedure carries risks, and certain complications may arise despite proper treatment having been provided. The law does not impose liability merely because the intended outcome was not achieved. Liability arises only where there are a proven medical error and a causal link between the error and the patient’s injury.

When is a medical practitioner liable?

A medical practitioner will only be held liable if they commit a medical error under Article 6 of the UAE Medical Liability Law. An act will be considered a medical error in the following circumstances:

1. Lack of professional knowledge

A healthcare practitioner is expected to comply with the medical standards, protocols, and ethical obligations that a practitioner in the same field and at the same level of qualification would ordinarily follow.

2. Failure to follow recognised medical standards

Healthcare professionals must comply with accepted medical standards, protocols, and ethical obligations.

3. Failure to exercise due diligence

Doctors are expected to exercise adequate diligence while treating a patient. This includes conducting proper examinations and investigations, reviewing medical history and test results, monitoring the patient after treatment or procedures wherever possible, and referring the patient to specialists when necessary.

4. Negligence and lack of precaution

Negligence involves carelessness or a failure to take appropriate precautions. A practitioner has a duty of care to take all reasonable measures to avoid any form of negligence.

5. Gross medical error

Certain actions or omissions by medical practitioners that result in serious consequences, such as the death of a patient or fetus, the loss of an organ or its function, or any other serious damage, are considered gross medical errors. Article 5 of Cabinet Resolution No. (40) of 2019 identifies the following as gross medical errors:

  1. Unpardonable unfamiliarity with well-established medical standards expected of a practitioner of the same level and specialisation.
  2. Using a medically unrecognised method.
  3. Deviating from medical standards and professional rules without justification.
  4. Practising medicine while under the influence of alcohol, drugs, or psychotropic substances.
  5. Gross negligence or an obvious lack of attention, including:
    • Leaving medical instruments or equipment inside the patient’s body.
    • Administering an overdose of medication.
    • Failing to operate medical equipment during or after surgery, resuscitation, or childbirth.
    • Failing to provide medically appropriate medication.
    • Any other conduct amounting to gross negligence.
  6. Deliberately practising outside the scope of one’s specialisation or the clinical privileges granted under the professional licence.
  7. Using diagnostic or therapeutic techniques without prior training or experience and without proper medical supervision.

Importance of Informed Consent: More Than Just a Signature

Doctors are required to obtain informed consent before performing surgery on a patient. This requirement is waived only in emergency cases requiring immediate and necessary surgical intervention to save the life of the patient or fetus or to avoid serious complications.

The law specifically requires written consent before carrying out a surgical procedure. Oral consent alone is not sufficient.

Before obtaining consent, the patient must be informed about:

  1. The nature of the procedure.
  2. The consequences of the surgery.
  3. Possible medical complications and risks.
  4. Any additional procedures that may become necessary.

A legally competent patient may personally provide consent for the procedure.If the patient is partially or completely incapable of giving consent, or if obtaining the patient’s consent is impossible, written consent may be obtained from the patient’s spouse or a relative up to the fourth degree.

If it is impossible to obtain consent from the spouse or such relatives, surgery may be performed only after a report has been signed by the treating physician, another physician from the same healthcare facility, and the manager of the facility.

The Medical Liability Committee: Who Decides Whether an Error Occurred?

  1. The UAE Medical Liability Law establishes specialised Medical Liability Committees comprising physicians from various medical specialisations to examine complaints relating to alleged medical errors.
  2. These committees have exclusive jurisdiction to determine whether a medical error has occurred and to assess its severity.
  3. Complaints may be referred to the committee by the competent health authority, the Public Prosecution, or the courts. The committee assesses the complaint by reviewing the patient’s medical records and conducting investigations.
  4. Where more than one person may be responsible, the committee determines the degree of responsibility of each party, the reasons for the error, the resulting damage, and the extent of any disability or impairment.
  5. The committee is required to issue a reasoned report on the complaint, generally within thirty days of receiving the referral, although this period may be extended.
  6. A claim for compensation cannot be pursued unless the matter has first been referred to the Medical Liability Committee.

Conclusion

The UAE Medical Liability Law recognises that medicine is not an exact science and that adverse outcomes may occur despite proper treatment. Accordingly, an unsuccessful procedure alone is insufficient to establish medical negligence. A liability arises only where there is a proven medical error, a failure to comply with recognised professional standards, or a lack of informed consent. By balancing patient protection with safeguards for healthcare professionals, the law seeks to ensure accountability while preserving confidence in the healthcare system.

We at Ayesha Al Dhaheri Advocates and Legal Consultants, we assist medical practitioners who have been wrongfully accused of medical negligence and provide legal representation in medical liability proceedings.