Negligence over full medical treatment disclosure is not punishable

When a physician fails to inform the patient of the important expected side effects of a medical or surgical treatment, he may be held accountable, but not suspended of his license, tells Layla Al Marzouqi, Head of DHA’s clinical governance. 

The UAE Medical Liability Law (Federal Law 10, 2008) stipulates: “The physician shall inform the patients or their families as the case may be to necessary adhere to the physician's instructions on the method of treatment and the important expected side effects of such medical or surgical treatment.” 

When this is neglected and the patient has made a complaint with Dubai Health Authority (DHA), this will not result in suspension of the license. 

“In such a case we will send a letter of notice or a warning letter to the physician,” says Layla. 

A lack of communication is one of the most common complaints that the DHA receives regarding medical malpractice, but which does nevertheless not result in a disciplinary response. 

“The majority of the complaints we receive turn out to be no offence from the hospital or medical clinic,” says Layla. 

“Another major reason is the difference in protocol. One doctor might adopt a protocol which he was taught in his country, while another doctor might follow a different one. When both these protocols are recognised by international standards they may be applied in the UAE, but not every protocol might be known by every physician or patient.” 

The factor of the patient, which indicates that the patient may refuse or was unable to receive certain information or treatment is a third common source of complaints which turn out in favor of the medical provider.

Follow Emirates 24|7 on Google News.