Introduction

Medical practice expats are physicians or other healthcare providers who have chosen to move to a foreign country to set up medical practices. Medical practice laws may not be the first thing that comes to mind when you think about the legal concerns related to being a medical practice expat. However, medical malpractice laws are different in each country, and therefore it is important for medical practice expats to understand them. 

The phrase medical malpractice in Dubai is becoming less and less a part of everyday conversation. But how does this region’s law prevent expats from becoming victims of expensive lawsuits? Here's a summary of an in-depth conversation we had on this topic during a podcast with our guest Stephen Ballantine: a Medical Malpractice Lawyer at Galadari Law Firm in Dubai, one of the oldest and reputable law firms in Dubai.

Defining Medical Malpractice in Dubai

Medical malpractice occurs when a doctor or other medical professional fails to provide the standard of care that a reasonable, prudent physician would have provided under similar circumstances. It is the body of civil law that provides financial compensations when a doctor provides treatment that is below the accepted or reasonable professional standards of competent care. 

Medical malpractice is not limited to errors in diagnosis or treatment; it includes acts of omission as well as commission. For example, if your doctor fails to warn you about potential side effects from taking a medication, this would be considered medical malpractice. Or if your doctor recommends one treatment over another without explaining why, this would also be considered medical malpractice. 

What Happens When Medical Malpractice Occurs?

In order for an attorney to determine if a doctor or hospital has caused harm, they need to know what constitutes medical malpractice. If a doctor has made an error in your treatment or misdiagnosed you, then you have grounds for a lawsuit against them. However, if the doctor was following established protocols for treating certain conditions, then it may not be considered medical malpractice. 

In most cases, medical malpractice allegations are filed against doctors because they were negligent and caused harm to their patients. However, there are times when patients themselves are at fault for failing to follow doctor recommendations or refusing treatment altogether when it was clear that they needed additional treatment after an operation. 

Mistakes happen despite doctors’ best efforts and there are times when injuries or death may occur as a result of medical malpractice. Doctors are required to keep up-to-date with medical developments and best practice standards so they know how to provide safe care for their patients. 

As per the consolidating law for several cases which is under the Medical Liability Federal Law No. 4 of 2016, the medical malpractice law in Dubai applies to all public and private medical practitioners and hospitals in the UAE. This law covers negligence, malpractice and errors committed by any medical practitioner or hospital. It also includes damages arising from lack of care, negligence, malpractice or errors committed by any medical practitioner or hospital while rendering any form of treatment to patients. 

Types of Cases That Are Most Commonly Filed

The most common types of medical malpractice cases are obstetrics and gynaecology, general surgery, orthopaedic surgeons, brain surgery and interventional cardiology. These are the fields where there is a higher chance of errors being made that could result in serious harm or death to the patient. However, all medical professionals need to be aware that their actions can be scrutinised by their peers and patients' families alike. This scrutiny can lead to a lawsuit if it turns out that negligence was involved. 

Who can file a claim?

According to Stephen, cases, claims amounts are increasing, the amounts awarded by the courts, inhabitants of the country become more aware of the legal remedies.  A medical malpractice claim may be filed by:

1. The patient (or the patient’s family). The patient must have suffered harm due to a medical mistake, omission or negligence.
2. The doctor who was responsible for providing services to the patient. Doctors have a duty to report suspected cases of medical malpractice to the DHA or regulatory bodies.
3. Other medical experts and specialists such as peers in the field to call out any breach of duty.

Remedies Available to Expats in Dubai

The medical malpractice law in Dubai is a combination of civil and criminal law. There are two primary ways to pursue a medical malpractice case against a doctor or hospital/clinic:

1) file a complaint with police and public prosecutor;

2) file a civil lawsuit for damages against the doctor or hospital/clinic in the civil courts of Dubai.

The remedies available depend on the type of claim being brought by expats who have been injured by medical negligence in Dubai.

Classification of Medical Malpractice Compensation

In medical negligence cases, there are two types of compensation: general damages and special damages. General damages refer to the pain, suffering and loss of amenity that the plaintiff has suffered as a result of their injury or illness. Special damages refers to future care costs related to the problem, for example any future treatment or surgery required as a result of the original injury. 

Stephen explains that there are certain requirements for compensation under English law: "You have to prove that there was an act or omission by a doctor that impedes you from being dependent on life-time support which can be reviewed over time. Compensations can be paid in advance and the beneficiary can invest it and income generated can look after the costs." 

However, this does not apply in UAE law and so it's important for expats living here to be aware of the difference. Under Dubai law there is no such thing as no fault liability that covers the projections of the harm - rather there is a law against exemplary damages and future losses MUST virtually be certain. These damages can't be contingent. 

Role of Medical Malpractice Lawyers to:

1. Doctors:

Something important that hospitals should do is ensure that the hospital laws are complete and concurrently written because hospital files protect both the patients and hospitals. Hiring a lawyer means you get assistance with filing this paperwork in order to protect the hospital or doctor from lawsuits. Lawyers can help them figure out the best tactics to take when it comes to settlements with patients. 

The doctor should also hire an attorney if they are being reviewed by their licensing board or if they are being sued by a patient for medical malpractice. The attorney will be able to represent them in court and make sure that their rights are protected as well as determine whether or not they have been wrongfully accused of malpractice. 

2. Patients:

The first step in filing a claim for health damages is to communicate with the physician or internal claims department of the hospital where you incurred those injuries. 

The hospital medical liability committee may recognize that they made a mistake, or you have a legitimate case for compensation. They might be willing to give an out-of-court settlement rather than risk having the matter go in front of a judge - and paying legal fees, which are nonrefundable if your suit is unsuccessful. 

A more humanitarian approach you'll get from good lawyers is to take time and treat your health issues. Remember that there's no deadline for filing a case - you have 3 years before the statute of limitations expires, so be sure to focus on getting better in the meantime.

In legal matters, it is essential that you work with a professional advisor in order to avoid making a "faux pas." 

We have seen cases where compensation payments were slashed from 8 million to 500,000 AED. It's important to retain a good lawyer who can review your case and advise on what steps should be taken next. 

Keep in mind that not all surgeries are covered by insurance, such as voluntary procedures like Botox injections and tummy tucks.

Medical Malpractice Law Internship in the United Arab Emirates

The Galadari Law Firm has an exciting opportunity for students who are interested in learning more about law and the legal profession. This is a great opportunity for students to gain practical experience in a law firm environment and get exposure to the legal field, as well as interact with senior lawyers. 

With Stephen, interns will get training in the following areas: Courtroom observation and preparation of research papers; Drafting of legal documents; Filing of court applications; Analysis and review of documents; Researching case law; and Attendance at court hearings as an observer. 

For further information on how to apply, listen to the full episode with Stephen Ballatine here