New UAE ruling allows medical malpractice decisions to be challenged in court

The new ruling reinforces the principle that no administrative act, including those related to medical liability, can be completely shielded from judicial oversight

A Staff Reporter

Published: Wed 6 Nov 2024, 12:55 PM

Last updated: Wed 6 Nov 2024, 9:25 PM

In a recent landmark ruling, the UAE Federal Supreme Court has introduced a significant change, allowing judicial review of decisions made by the Higher Medical Liability Committee.

This ruling, issued in August, permits court challenges not only against the legal proceedings in medical malpractice cases but also against the findings of the medical committee itself, which were previously final and unchallengeable.

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These findings include the determination of whether a medical error occurred and the extent of a physician’s liability.

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Dr Hassan El Hais, legal consultant at Awatif Mohammad Shoqi Advocates & Legal Consultancy, highlighted the importance of this development:

“Previously, while legal rulings could be appealed, the conclusions of the Higher Medical Liability Committee were final,” he said.

“Now, the committee’s findings are also open to appeal, allowing defendants and medical professionals to challenge both the legal rulings and the committee’s decisions in court.”

What has changed?

Before this ruling, the committee’s determinations regarding medical errors and physician liability were final, with no possibility of judicial review.

The court’s recent decision now grants defendants the right to contest these findings in administrative courts, expanding judicial oversight in medical malpractice cases.

As part of this process, the court may appoint a new medical committee to reassess the incident. This committee would be tasked with reviewing the details of the case, verifying the accuracy of previous findings, and determining whether the initial conclusions failed to fully account for the circumstances.

The reassessment could lead to confirmation of the original decision or uncover discrepancies that may alter the outcome of the case, ensuring a more thorough examination of the medical incident.

Dr El Hais noted that this change strengthens the legal framework by offering a second layer of scrutiny for decisions that were previously unassailable, providing a fairer process for all parties involved.

Broader legal impact

Federal Law No. 4 of 2016 previously gave the Higher Medical Liability Committee extensive authority in medical malpractice cases, and its decisions were not subject to judicial challenge.

However, the new ruling reinforces the principle that no administrative act, including those related to medical liability, can be completely shielded from judicial oversight.

This decision ensures that medical professionals and patients alike now have the right to appeal the committee’s findings, fostering greater transparency and accountability in the handling of medical liability cases.

“By opening the door for appeals of both the legal rulings and the committee’s conclusions, this ruling strengthens the legal framework for medical liability and reinforces public trust in the justice system’s role in ensuring fair outcomes,” said Dr Elhais.

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