Legal Definition of Medical Error
Under Federal Decree-Law No. 4 of 2016 on Medical Liability, a medical error is defined as a mistake committed by a practitioner due to ignorance of technical matters, negligence, or lack of due care. The law distinguishes between ordinary errors and 'gross medical errors,' which carry significantly higher penalties and different procedural requirements for prosecution.
The Role of the Medical Liability Committee
A unique feature of the UAE system is the mandatory involvement of the Medical Liability Committee. Before a criminal or civil case can proceed to court, the matter must typically be referred to this specialized committee to determine whether a medical error occurred and to assess its severity. Their technical report serves as primary evidence in subsequent judicial proceedings.
Compensation and Penalties
Victims of medical malpractice are entitled to seek compensation for both material and moral damages. This includes coverage for additional medical expenses, loss of income, and psychological suffering. Healthcare providers are required to maintain professional indemnity insurance to ensure that valid compensation claims can be satisfied, while practitioners found guilty of gross negligence may face fines and imprisonment.