Navigating Healthcare Litigation in UAE: A Comprehensive Guide

Healthcare is a cornerstone of the UAE's strategic vision, with substantial investments in medical infrastructure, digital health, and patient care.

However, as the sector grows, so does the complexity of legal issues, leading to an increase in healthcare litigation. Understanding the legal landscape of healthcare disputes in the UAE is crucial for patients, healthcare providers, and legal professionals alike.

In this article, we will explore the key aspects of healthcare litigation in the UAE, covering common disputes, governing laws, and how to navigate this intricate field effectively.

1. Key Types of Healthcare Litigation

Healthcare litigation in the UAE primarily revolves around the following issues:

a. Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet accepted standards of care, causing harm. Claims of negligence or substandard care leading to harm are often brought by patients or their families against healthcare providers alleging surgical errors, misdiagnosis, delayed diagnosis, or improper treatment.

b. Patient Rights Violations

• Breaches of patient confidentiality or failure to obtain informed consent.
• Cases involving denial of appropriate medical care.

c. Insurance Disputes

• Disagreements between patients and insurers over coverage or reimbursement.
• Disputes between healthcare providers and insurers regarding delayed payments.

d. Licensing and Regulatory Compliance

• Claims against healthcare providers for operating without proper licenses or failing to meet regulatory standards.

e. Product Liability

• Cases involving defective medical devices or pharmaceuticals causing harm.

2. Governing Laws and Regulations

Healthcare litigation in the UAE is governed by a comprehensive legal framework designed to ensure accountability and uphold patient rights:

a. Federal Law No. 4 of 2016 on Medical Liability

• Establishes standards for medical practice and defines medical malpractice.
• Mandates the formation of the Medical Liability Committee (MLC) to evaluate malpractice claims.

b. UAE Civil Code (Federal Law No. 5 of 1985)

Governs compensation claims for damages arising from negligence.

c. Federal Decree-Law No. 45 of 2021 on Personal Data Protection

Regulates the confidentiality of patient records and imposes strict penalties for breaches.

d. Health Authority Guidelines

Dubai Health Authority ("DHA"), Abu Dhabi Department of Health ("DOH"), and Ministry of Health and Prevention ("MOHAP") provide specific frameworks for telemedicine, licensing, and professional conduct.

3. How Healthcare Litigation Works in the UAE

Step 1: Filing a Complaint

• Patients can file complaints with the relevant health authority (DHA, DOH, or MOHAP) if they suspect medical malpractice or regulatory violations.
• Complaints must include supporting documents like medical records, prescriptions, and evidence of harm.

Step 2: Investigation by the Medical Liability Committee (MLC)

• The MLC investigates malpractice allegations and issues a report determining whether negligence occurred.
• This report is critical, as courts heavily rely on it in deciding medical negligence cases.

Step 3: Legal Action

• If malpractice is confirmed, patients can file a civil lawsuit to seek compensation.
• Criminal charges may also be pursued for severe violations, such as gross negligence or intentional harm.

4. Challenges in Healthcare Litigation

• Proving Negligence: Establishing that a healthcare provider’s actions directly caused harm can be complex and requires expert testimony.
• Reliance on the Medical Liability Committee: The committee’s findings significantly influence the outcome of cases, leaving little room for alternative evidence.
• Time Limitations: Claimants generally have three years from the date of harm to file a lawsuit.
• Jurisdictional Issues: Cross-border medical services, such as telemedicine, raise questions about applicable laws and enforcement.

5. Patient Rights in Healthcare Disputes

Patients in the UAE are entitled to robust protections under the law:

• Right to Informed Consent: Patients must be informed of risks and alternatives before undergoing treatment.
• Right to Confidentiality: Healthcare providers must safeguard personal medical information.
• Right to Seek Compensation: Victims of medical malpractice can claim compensation for medical costs, lost income, and pain and suffering.

6. Trends Shaping Healthcare Litigation in the UAE

a. Rise of Telemedicine Disputes

• With the rapid adoption of telehealth services, issues like misdiagnosis, data breaches, and cross-border liability are emerging.

b. Increasing Use of AI and Digital Health Tools

• Legal challenges are arising over the use of AI in diagnostics and treatment decisions, particularly regarding accountability for errors.

c. Regulatory Reforms

• Authorities are tightening regulations on licensing and compliance to ensure high standards of care and minimize disputes.

d. Medical Tourism

As the UAE becomes a global hub for medical tourism, disputes involving international patients are likely to increase, particularly regarding consent and cross-border enforcement of judgments.

7. How to Avoid Healthcare Disputes

For Patients:

• Choose licensed healthcare providers and seek second opinions when in doubt.
• Maintain detailed records of medical treatments and communications.
• Understand your rights and ask questions before consenting to procedures.

For Healthcare Providers:

• Adhere to licensing requirements and professional guidelines.
• Ensure clear communication with patients, particularly regarding risks and treatment options.
• Implement robust data protection measures to safeguard patient information.

8. When to Seek Legal Assistance

Patients and healthcare providers should consult legal professionals if:

• Medical malpractice is suspected.
• Disputes arise over insurance claims or patient rights.
• Regulatory violations or licensing issues are involved.

Experienced legal counsel can help navigate the complexities of healthcare litigation and ensure a fair resolution.

Disclaimer:

The information presented in this article is for general informational purposes only and should not be considered legal advice. While efforts have been made to ensure the accuracy and relevance of the content, readers are encouraged to consult a qualified legal professional for advice tailored to their specific circumstances, particularly in matters of healthcare litigation. Mohanned Elshaikh , a specialist in litigation, provides advisory services designed to address the unique needs of each client. Opinions expressed in this article reflect general industry knowledge and best practices but may not apply to all situations or account for recent regulatory changes.

Call to Action:

If you'd like specific advice, a legal opinion or need assistance with healthcare litigation in the UAE, Mohanned Elshaikh is here to help. Reach out today to schedule a personalized consultation to take proactive steps in addressing disputes effectively.