The New UAE Medical Liability Law: An Analysis

Analysis

The new United Arab Emirates (‘UAE') Federal Law on Medical Liability (Law No. 4 of 2016) (the ‘New Law') was published in the UAE Official Gazette on 15 August 2016 and has brought several changes to the previous Medical Liability Law (Federal Law No. 10 of 2008) (the ‘Former Law').

These changes include the permissibility of: natural death in cases of terminally ill patients; gender re-assignment procedures, subject to certain conditions; and settlements between patients and healthcare professionals in gross medical negligence cases. 

The New Law also requires all medical malpractice claims to be referred to a new medical liability committee (‘Medical Liability Committee') before they are reviewed by the judicial authorities in the UAE. Further, the law also affords protection and relief to doctors in criminal proceedings by prohibiting their arrest, imprisonment, and investigation before the concerned authorities until the Medical Liability Committee issues a final report. The New Law also introduces stringent penalties against medical practitioners who commit grave medical errors and other key changes, which will be discussed in this article.

Natural Death