Medical Expert Evidence in UAE Criminal Prosecutions
Analysis
In the UAE, victims of medical malpractice can pursue complaints against healthcare professionals and hospitals in three different ways:
Filing a medical complaint at the appropriate healthcare authority.
Filing a civil case before the UAE court.
Filing a criminal complaint before the police or public prosecution.
These options can be pursued at the same time or sequentially, although proceedings before the criminal court will usually stay any civil case. Whichever option is chosen expert medical evidence will be needed, but filing a criminal complaint is the only option which is driven not by the victim, but by the state (i.e. the state prosecutor, who is responsible for deciding whether charges are laid). The purpose of this article is to provide an overview of the options available to victims, with a particular focus on the special role expert medical evidence has in criminal prosecutions.
COMPLAINTS BEFORE THE HEALTHCARE AUTHORITIES