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07 June 2023

Medical Liability Law will strengthen health sector and reduce medical errors, says MoHAP

By Wam

The UAE Cabinet's approval for the executive regulations of the Federal Law on Medical Liability reinforces the country’s health system and efficiency of medical services, to be at par with the international standards, said the Ministry of Health and Prevention (MoHAP).

In a statement released today, the Ministry underlined that the Cabinet’s approval for the Executive Regulation of the Federal Law No. 4 of 2016 on medical liability comes as part of the country’s strategic drive to develop health legislation as per the highest international standards and in line with the UAE Vision 2021 to achieve a world-class health system.

The Executive Regulation outlines the controls and requirements of medical facilities performance to realise patient satisfaction and happiness, and to achieve transparency and integrity in regard to the duties and responsibilities of the medical professionals in the country, to adhere to the values of accuracy and integrity in practicing the profession.

It also defines the medical errors and sets out a system for complaints, while developing a mechanism for the formation of Medical Liability Committees and the Medical Liability Supreme Committee.

Additionally, it develops a mechanism for investigation with medical professionals and civil liability insurance against medical errors.

Criteria of Medical Errors and Disciplinary Penalties Furthermore, the Executive Regulation of the Federal Law No. 4 of 2016 details the important rules, most notably the criteria of a gross medical error and its legal repercussions, taking into account that the Medical Liability Committees are exclusively the entities vested with examining the complaints and their conformity to those criteria, in particular, that each complaint has different circumstances.

Remote Medical Services Among the most important updates set out in this legislation is the provision of remote medical services which are witnessing a great advancement in several developed countries. This category ensures that health legislations are constantly in pace with the rapid transformations in terms of providing medical services and the development of necessary controls.

Protection of Patients Information The regulation also outlines the controls and requirements for sharing the medical information by physicians, within the context of protecting public health.

The Medical Liabilities Committees are responsible of examining the medical liability complaints and their procedures, as well as developing procedure for submitting medical error complaints and rules of civil liability insurance against medical errors.