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Medical malpractice in Abu Dhabi refers to a case where a health service provider delivers treatment that does not meet the recognized standard of care, thereby causing harm or injury to the patient. In line with UAE Federal Law No. (4) for the year 2016, governing medical liability is stringent, and medical malpractice is considered a serious issue, leading to severe penalties for medical practitioners found guilty.
If you have been a victim of medical malpractice, you may need a lawyer for various reasons. Identifying malpractice, gathering evidence, determining damages, negotiating settlements, and presenting your case in court can be complex issues for individuals without legal expertise. Lawyers in this field have the knowledge and experience to navigate these difficulties. They can represent your best interests, ensure your rights are protected, and strive to obtain the most favorable outcome for you.
Medical malpractice laws in Abu Dhabi are nuanced and complex. Health service providers are expected to deliver 'recognized standards of healthcare services' which abide by established regulations, traditional practices, and medical and technical advancements. If this standard is not met leading to harm or injury, the healthcare provider may be found liable for medical malpractice. Furthermore, a medical error is recognized as a mistake that results in harm to the patient and could have been avoided if adequate skill and attention were employed.
In Abu Dhabi, medical malpractice claims must generally be filed within three years from the time the malpractice occurred or from when the harm or injury became noticeable.
Compensation can include damages for pain and suffering, medical expenses, loss of income, and other losses directly resulted from the malpractice.
Any healthcare provider, including doctors, nurses, technicians, and hospitals, can be held liable if their negligence results in harm or injury to a patient.
Yes, in Abu Dhabi, a healthcare provider must obtain informed consent before performing most medical procedures, unless in emergent situations when the patient is unable to provide consent.
Medical malpractice may include misdiagnosis, inappropriate treatment, surgical errors, medication mistakes, or neglect leading to a patient's injury.
'Recognized standards of care' take into account regulations, traditional practices, and updated medical and technical advancements relevant to the healthcare service being provided.
A lawyer can help identify malpractice, gather and present evidence, calculate and negotiate damages, and represent your rights in a court of law.
To prove medical malpractice, one must establish that the healthcare provider owed a duty of care to the patient, breached this duty by not meeting the recognized standard of care, and such breach resulted in harm or injury to the patient.
If malpractice resulted in death, the victim's family or dependants may potentially bring a wrongful death action against the responsible healthcare provider.
As of now, there are no statutory caps on damages that can be awarded in medical malpractice cases in Abu Dhabi.
Additional resources that could be helpful in this regard are the UAE Ministry of Health and Prevention, the Health Authority of Abu Dhabi (HAAD), and the Abu Dhabi Health Services Company (SEHA). These bodies oversee health standards, investigate issues, and may provide relevant information and support.
If you need legal assistance in a medical malpractice case, the first steps should be to gather all relevant evidence, such as medical records, and to contact a well-established law firm that has expertise in medical malpractice cases in Abu Dhabi. Consult a lawyer without delay to discuss the merit of your case and the potential steps to take. Remember, acting promptly is crucial due to the statute of limitations.
