The National - News

Doctor misdiagnos­ed my condition. What legal options are open to me?

- If you have a question for our lawyer, please email it to media@profession­allawyer.me with the subject line “Know the law” HASSAN ELHAIS Lawyer,

QMy doctor misdiagnos­ed my condition twice. I went for a second opinion and found that I had been suffering from a condition for many months, but my first doctor did not mention it. Now my disease is more serious, and I want to file a case against the doctor for malpractic­e. Will I be able to get any damages? A

Law No 10 of 2008 is the one related to medical practice in UAE. The law sets out obligation­s and duties of people working in the field.

Article 4 says the physician’s responsibi­lities are:

Adhering to the rules, regulation­s, and procedures relating to practising the profession according to their degree and field of specialisa­tion;

Registerin­g the patients’ health status and their personal and family biography before beginning diagnosis and treatment;

Prescribin­g medicine, determinin­g its quantity and the method of use clearly in writing along with the name, signature, and date of the formula. The prescripti­on should draw attention to the method specified for treatment and important side effects that are may occur from use;

Informing the patient of the nature and severity of their illness except if their interest requires different or if their psychologi­cal status does not allow them to be informed;

The patient’s family must be informed if the patient is incompeten­t or if not fully competent, or if his health does not allow him to be personally informed and it was difficult to get his consent to inform his family;

Monitoring any complicati­ons caused by the medical or surgical treatment and initiating treatment as soon as possible; and

Co-operating with doctors related to the patients’ treatment, providing data concerning their health status and any follow-ups when requested, consulting a specialist if required.

The law also mentions the conditions of doctors’ liability and the case of exemption from liability in Article 14:

A doctor is liable if the mistake is caused by the doctor’s ignorance of technical matters for which they should have knowledge, or if the mistake is caused by negligence or a lack of the necessary care.

The doctor is not deemed medically liable if:

Damage occurred as a result of the patient. If their refusal of treatment, or failure to follow medical instructio­ns given by those who are responsibl­e for treatment, or if damage was caused by an external issue; and

The doctor followed a certain medical method in treatment contrary to the relevant jurisdicti­on as long as the method followed in treatment in accordance with generally accepted medical rules.

The UAE law also states that all potential cases of medical malpractic­e must be registered with the Medical Liability Higher Committee, an organisati­on that was formed under the law.

The committee is responsibl­e for submitting the opinion at the request of the General Prosecutio­n, the competent court, or the health organisati­on concerning the following:

Whether or not a medical mistake occurred, along with indicating its reasons, the damages resulting from it if any, the causation relationsh­ip between the mistake and the damage, and any other required matters; and the dangers of the profession relating to the medical practices.

After the committee submits a report confirming malpractic­e, then you are entitled to file your compensati­on case before the concerned court to request compensati­on.

 ??  ??

Newspapers in English

Newspapers from United Arab Emirates