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