“Our Law Firm has been assisting clients on how to file a medical negligence case and has been successfully winning legal battles giving our clients the right to compensation for damages on their everyday life and financial losses.”
Al Maroof & Associates 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 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:
- Medical malpractice that causes the death of the patient or the fetus
- The eradication of a human organ by mistake
- The loss or any other serious damage of an organ function
- The doctor is being under the influence of alcohol or drugs
- Severe carelessness, such as causing an overdose or leaving medical equipment in the patient's body
After providing legal assistance on how to file a medical negligence case, 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.
With our law firm's expertise in Medical Liability Law, we are able to provide proper guidance on how to file a medical negligence case and act on our client's behalf in all Court proceedings.