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EDL Advocates & Legal Consultancy

EDL Advocates & Legal Consultancy

Ar Ruways, United Arab Emirates

Free Consultation: 15 mins


Founded in 2009
60 people in their team
EDL is a full-service law firm committed to offering legal solutions to its clients, addressing even the most difficult legal challenges and...
English
Arabic

About Medical Malpractice Law in Ar Ruways, United Arab Emirates

Medical malpractice in Ar Ruways, United Arab Emirates involves legal issues related to healthcare providers failing to meet the accepted standard of care, resulting in harm to patients. Medical professionals, including doctors, nurses, and other healthcare workers, are held to a high standard under UAE law. When these standards are not met, and patients suffer as a result, they may have grounds to pursue a medical malpractice claim. The goal of medical malpractice law is to protect patients and ensure that negligent healthcare providers are held accountable.

Why You May Need a Lawyer

Medical malpractice cases are complex and often require in-depth understanding of both legal and medical issues. Here are some common scenarios where legal help might be necessary:

  • Misdiagnosis or Delayed Diagnosis: If a doctor fails to diagnose a condition correctly or in a timely manner, leading to worse outcomes for the patient.
  • Surgical Errors: Mistakes during surgery that cause injury or complication, such as operating on the wrong site or leaving instruments inside the patient.
  • Medication Errors: Prescribing the wrong medication or dosage that harms the patient.
  • Anesthesia Errors: Mistakes related to anesthesia that result in significant injury or death.
  • Childbirth Injuries: Negligence during delivery that harms the mother or baby.
  • Lack of Informed Consent: Failing to inform a patient about the risks and alternatives of a treatment, leading to unexpected complications.

Local Laws Overview

In Ar Ruways and the broader UAE, medical malpractice is governed by Federal Law No. 10 of 2008 concerning Medical Liability. Key aspects include:

  • Standard of Care: Healthcare providers are required to adhere to established medical standards and practices.
  • Medical Liability Committee: A specialized committee that assesses cases of medical malpractice and provides expert opinions.
  • Time Limits: Claims must typically be filed within 3 years from the date the patient becomes aware of the malpractice.
  • Damages: Compensation may be sought for physical, emotional, and financial harm resulting from malpractice.
  • Burden of Proof: The plaintiff must demonstrate that negligence occurred and directly caused harm.

Frequently Asked Questions

What constitutes medical malpractice in Ar Ruways?

Medical malpractice occurs when a healthcare provider fails to provide the standard of care, resulting in injury or harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.

How do I prove medical malpractice?

You must demonstrate that the healthcare provider breached their duty of care, this breach caused harm, and you suffered damages as a result. Medical records, expert testimonies, and other evidence are crucial.

Is there a time limit for filing a medical malpractice claim?

Yes, generally you have 3 years from the date you became aware of the malpractice to file a claim. Failure to do so within this period may result in losing the right to seek compensation.

Can I file a medical malpractice claim for a misdiagnosis?

Yes, if the misdiagnosis resulted from negligence and caused harm, you may have grounds to file a medical malpractice claim.

What kind of compensation can I receive in a medical malpractice case?

Compensation can include costs for medical expenses, lost wages, pain and suffering, and other related damages. The exact amount depends on the specifics of the case.

Do I need to go to court for a medical malpractice claim?

Not necessarily. Many cases are settled out of court. However, if a settlement cannot be reached, you may need to go to court to resolve the matter.

What is the role of the Medical Liability Committee?

The Medical Liability Committee reviews medical malpractice cases and provides expert assessments on whether negligence occurred. Their opinions play a significant role in court proceedings.

Can I file a claim against a hospital or just the doctor?

You can file a claim against both the individual healthcare provider and the hospital if both parties are found to be responsible for the negligence.

What should I do if I suspect medical malpractice?

Gather all relevant medical records, seek a second medical opinion, and consult with a specialized medical malpractice lawyer to evaluate your case.

How much does it cost to hire a medical malpractice lawyer?

Costs can vary, and some lawyers may work on a contingency fee basis, meaning they only get paid if you win your case. It's important to discuss fees and payment structures during your initial consultation.

Additional Resources

  • Ministry of Health and Prevention (MOHAP): Provides guidelines and oversees healthcare practices in the UAE.
  • Dubai Health Authority (DHA): Monitors healthcare facilities and addresses complaints in healthcare services.
  • Federal Law No. 10 of 2008: Medical Liability Law outlining the legal framework for medical malpractice in the UAE.
  • Local Healthcare Providers: Many hospitals and clinics offer patient advocacy services that can help address concerns about medical care.

Next Steps

If you suspect you are a victim of medical malpractice, here are your next steps:

  1. Document Everything: Keep detailed records of your medical treatments, symptoms, and communications with healthcare providers.
  2. Seek a Second Opinion: Obtain an independent medical evaluation to confirm your suspicions of malpractice.
  3. Consult a Lawyer: Contact a lawyer specializing in medical malpractice law to review your case and advise you on the best course of action.
  4. File a Complaint: You may need to file a formal complaint with the Medical Liability Committee or relevant healthcare authority.
  5. Pursue Legal Action: If advised by your lawyer, proceed with filing a medical malpractice claim to seek compensation for your damages.

Remember, each case is unique, and seeking professional legal advice is crucial to navigating the complexities of medical malpractice claims effectively.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.