Medical liability – free zones can appoint their own regulators to assess claims

The UAE’s Medical Liability Law was introduced a year ago to ensure fair treatment for patients, doctors and hospitals.

The law is in place to guide healthcare services on malpractice insurance, the process of investigations and disciplinary proceedings, and to clearly state a doctor’s responsibility.

Patients can report wrongdoing directly to health authorities. Complaints are referred to the medical liability commission of the Ministry of Health and Prevention, or the local health authority chairman.

That commission can then decide on the level of malpractice and who is accountable, before a 30-day appeal period in which a higher liability commission can decide on a final verdict.

The higher commission will decide if gross malpractice is to be classed as a criminal act.

If guilty, a doctor can face jail of up to two years and a fine of up to Dh500,000, a figure that can rise to Dh1 million if malpractice is a result of drugs or alcohol. But doctors are not liable if the treatment is in keeping with recognised medical standards or if unexpected side-effects or complications occur.

Free zones are slightly different because they can appoint their own regulators to investigate claims.

Because Imran Hussein’s case occurred in a free zone, the family was told to refer their case to Dubai Healthcare City Authority – Regulatory, which set up an independent panel from abroad to look at the case.

The Medical Liability Law was introduced last year to ensure fair treatment for patients, doctors and hospitals