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Birth injury law in Abu Dhabi falls under the United Arab Emirates broader field of personal injury and tort law. This jurisdiction recognizes the right of compensation to victims of medical malpractice - which includes birth injuries. When a newborn suffers injuries resulting from medical errors before, during, or just after birth, those involved can seek legal redress. Both public and private healthcare providers can be held accountable. However, proving medical negligence in Abu Dhabi might be complex and requires thorough trial proceedings.
Birth injury cases can be incredibly complex and emotionally charged. Medical professionals and institutions have powerful defense lawyers and proving negligence needs meticulous evidence gathering and presentation. You might need a lawyer if the birth injury has resulted in substantial medical costs, lifelong health issues for the child, or if the delivery process was handled negligently. Expert lawyers can scrutinize medical records, summon expert witnesses, and present a strong case to help you get the compensation you deserve.
The UAE law, specifically in Abu Dhabi, necessitates healthcare professionals to provide the expected standard of care. Any deviation causing harm may be deemed as negligence. Medical malpractice including birth injuries is governed by Articles 282 and 291 of the Federal Law Decree No. 5/2012 on Combating Commercial Fraud, which stress the consequence of falsely representing a service and potential damage, and the UAE Civil Code Articles 282-298 which stress on the right to compensation in case of a harmful act.
Birth injuries refer to damages sustained by the baby before, during, or closely after the childbirth process. Examples could include bone fractures, nerve damage, brain injuries due to oxygen deprivation, and others.
Any healthcare professional such as doctors, nurses, and medical staff involved in the childbirth process, or the hospital as a whole, could potentially be held accountable.
Compensation might cover medical costs, rehabilitative care, pain and suffering, emotional distress, and future costs of living if the child has a permanent disability.
Per the UAE laws, claims regarding medical malpractice should typically be made within three years of the occurrence, or from when harm was known.
Evidence required usually comes from medical records, expert testimony, and circumstantial evidence proving that the damage would not have occurred without negligence.
No, not all birth defects are birth injuries. Birth defects usually result from genetic issues or environmental factors during pregnancy, while injuries are tied to the birthing process.
Yes, hospitals can be sued for medical malpractice, including birth injuries if it can be proven that negligence from their staff led to the harm.
You can file a suit even if the injury becomes noticeable later, as long as it happens within the statute of limitations period.
Depending on the severity of the injury, long-term effects can include disabilities, cognitive impairment, behavioral challenges, and even lifelong dependence on medical care.
Common examples could include improper use of birthing tools, failing to monitor fetal distress, failure to perform a cesarean section when needed, and neglecting to follow procedures for high-risk pregnancies.
Department of Health - Abu Dhabi and the Medical Liability Committee are governmental bodies that handle birth injury claims and regulate the healthcare sector. They provide information regarding healthcare providers' required standards of care and protocols in case of violations.
If you believe your child has suffered a birth injury due to medical negligence, seek out a lawyer experienced in birth injuries in Abu Dhabi. They will review your case, guide you through the process, help gather the required evidence, and file your claim in the court. It’s important to act as quickly as possible since statutory restrictions do apply.
