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Proposal to set up courts for medical incidents

Setting up of specialised medical courts to speed up medico-legal cases in the country has been proposed by senior health officials.

The proposal to set up such courts is aimed at ensuring that both the rights of patients and doctors are not infringed, officials told Khaleej Times.

While American and Anglo-Saxon models of such courts are being studied, the UAE hopes to set up its own model, said Dr Ali Numairy from the Emirates Medical Association. “Medical decisions cannot be taken alone by the judiciary and solutions will be fair if medical doctors are part of the process,” he said.

The courts are being proposed under the country’s federal Medical Liability Law that is currently being revised by the Ministry of Health. “Already, we have a good number of cases in the country,” he added without giving a number.

Currently, medico-legal cases are handled by local health authorities and the health ministry by specialised committees, and if required, the cases are referred to the courts. Depending on the nature of each case, decision may take up to a year to be resolved, explained Dr Numairy.

Dr Layla Al Marzouqi, Head of Clinical Governance Office, Health Regulation Department at the Dubai Health Authority, said that the proposal of setting up of specialised courts was a good initiative.

“If set up, the processing time of medico-legal cases can be reduced. Such cases are already being handled by Dubai Courts,” she said, adding that the specialised courts can be beneficial for both patients and doctors.

She also said that due to awareness among people, the number of medico cases has been going up over the years. According to statistics, the number of cases received at the authority annually has gone up from 89 in 2006, to 276 in 2012.

The issue will be discussed on a broader level at the second Medical Liability Conference to be held by the end of this week. Other issues such as mercy killings will also be debated at the conference. “The UAE’s civil law has limitations,” said Dr Moustafa Elbendari, Senior Legal Advisor at the health ministry. “That is why we are pushing for specialised courts.”

A mock medical court and its proceedings will also be shown during the conference.

asmaalizain@khaleejtimes.com