Legal Framework of Medical Liability in UAE
The legal framework governing medical liability in the United Arab Emirates includes Federal Laws regulating the practice of human medicine and related professions. Licensing requirements, professional qualifications, and necessary documents for obtaining a license are outlined under these laws. Various healthcare professions such as physicians, dentists, and allied health professionals have specific criteria for practice.
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Presentation Transcript
Legal Framework of Medical Liability Jana Krok, LL.M. STROHAL LEGAL GROUP
Sources of Law General Laws like Islamic Sharia Law, Civil Code, Penal Code etc. Federal Law No (7) of 1975 Concerning the Practice of Human Medicine Federal Law No (5) of 1984 Concerning the Practice of some Medical Professions by Persons other than Physicians and Pharmacists Federal Law No (2) of 1996 Concerning Private Health Facilities Federal Law No. (10) of 2008 Concerning Medical Liability
Federal Law No (7) of 1975 Concerning the Practice of Human Medicine No person shall practice the profession of human medicine in companies, clinics, private hospitals, or private establishments or facilities in the United Arab Emirates unless he is licensed to practice this profession by, and is registered with, the Ministry of Health in accordance with this Law. Health Professional Categories: Physicians Dentistry Pharmacy Nursing / Midwifery Allied Health
Law No (5) of 1984 Concerning the Practice of some Medical Professions by Persons other than Physicians and Pharmacists License also needed for: Laboratory Imaging (examination and treatment) Physiotherapy Optical (manufacturing and fitting) Audiology and Phonetics Anesthesia Nutrition Ventilators Nuclear medicine Orthotics etc.
License required documents example of HAAD Cover the minimum requirements of the Professional Qualification Requirement Educational qualifications If applicant holds diploma or less, attaching high school certificate is required Cover the minimum requirements of the Professional Qualification Requirement Experience certificates To show the job title and duration To be signed by the human resources or Medical/Hospital director Home country license or license from the country where the relevant qualification was obtained Cover the minimum requirements of the Professional Qualification Requirement Registration(s) or License(s) from each country where applicant have been employed Cover the minimum requirements of the Professional Qualification Requirement From the regulatory authority issuing the licenses (registrations) for experiences that cover the minimum requirements of the PQR Certificate(s) of Good Standing For surgeons (including Obstetrics & Gynecology) and dentist specialists Official logbook for the past 2 years Transcript or residency programs May be required for evaluating the qualification Applicant can start the process without Staff Data form, but it will be mandatory before license issuance Staff Data clearance form (Security clearance form) Applicant can start the process without Nomination letter, but it will be mandatory before license issuance Nomination letter (from sponsoring facility in Abu Dhabi) Applicant can start the process without Malpractice, but it will be mandatory before license issuance Malpractice insurance for healthcare professionals Privileges for the last 2 years Required from Physicians eligible for HAAD exam exemption Privileges from the sponsoring facility in Abu Dhabi Required from Physicians eligible for HAAD exam exemption
Law No (2) of 1996 Concerning Private Health Facilities Hospital: General Hospital, Specialized Hospital, Nursing Home etc. Clinic: General Clinic, General Dental Clinic, School Clinic etc. Day Care Surgery Centre Centre: Medical Center, Dental Center Diagnostic Centre Rehabilitation Centre (Optical Shop, Audiometric Shop, Prosthetic & Orthotics, Dental Laboratory, Physiotherapy) Dialysis Center Fertilization Center Mobile Health Unit Traditional Complementary and Alternative Medicine (TCAM) Practitioners (Acupuncture, Chiropractic's, Homeopathy, TCM (Traditional Chinese Medicine), Ayurveda etc. Provision of Health Service (Healthcare Management, Medical Staff, Home Care Services, Vehicle Ambulance etc.) Pharmacy Establishment (Out-Patient Pharmacy, In-Patient Pharmacy, Drug Store (Medical Store), Drug Manufacture (Medical Factory), Scientific Office etc.
Federal Law No. (10) of 2008 Concerning Medical Liability Accurate and Honest Performance, Article 3: Individuals practicing medical professions in the UAE shall perform their duties accurately, honesty and in accordance with the recognized scientific and technical principles to provide the necessary care for patients, in addition they shall not make use of the patients' needs for illegal benefit to themselves or others and without discrimination between patients. Medical Malpractice Liability Insurance, Article 25: It is prohibited to practice a medical profession without procuring medical malpractice insurance with any licensed insurance companies, generally done by the owner of the health facility.
Federal Law No. (10) of 2008 Concerning Medical Liability No Sterilization, Article 13: No act or interference relating to birth control shall be carried out without the request or the consent of the spouses, nor any act or intervention related to women sterilization shall be made without the proper advice of a specialized medical committee consisting of not less than three physicians agreed that there is a serious threat to the mother's life in case of pregnancy or delivery and after obtaining the wife's written consent and notifying the husband. No Abortion, Article 13: With the exception of the following cases, physicians are not allowed to perform any abortions or to prescribe anything that would lead to abortion: If the continuity of such pregnancy may threaten the pregnant woman's life or the fetus is suffering malformation ( )
Federal Law No. (10) of 2008 Concerning Medical Liability No Liability, Article 14: instances where doctors will not be held liable for medical negligence: If the damage was sustained due to the action of the patient (i.e. refusing to receive treatment, failing to follow the medical instructions or due to an external cause). If the physician followed a certain medical method which, although not the generally accepted method, is a method which followed recognized medical principles. If the medical side effects and complications are known in the medical practice.
Thank you for your attention. STROHAL LEGAL GROUP
Contact Us UAE Head Office: STROHAL LEGAL CONSULTANTS Address: Villa 2, 20B Street, Community 153 P.O. Box 31484, Ras Al Khaimah, United Arab Emirates Tel:+971 7 2364530 Email: office@SLG-strohallegalgroup.com Website : www.slg-strohallegalgroup.com
