Legislation Details
- Full Title: Federal Decree-Law Concerning Medical Liability
- Law Type: Federal Decree-Law
- Law Number: (4) of 2016
- Issued Date: 02 Aug 2016
- Effective Date: 15 Aug 2016
- Official Gazette: No. 601
- Sector: Healthcare
- Status: Active
- Number of Articles: 95
- Chapters/Parts: 6
- Amendments: 1
Summary
This Federal Decree-Law regulates medical liability in the United Arab Emirates. It sets out the duties and obligations of healthcare practitioners, establishes medical liability committees, and imposes penalties for non-compliance. The law aims to ensure high standards of medical care and protect patients' rights. It is significant for healthcare providers, medical facilities, and patients in the UAE, as it clarifies legal responsibilities and consequences for medical errors or misconduct. (Federal Decree-Law Concerning Medical Liability, 2016)
What is the scope and purpose of this law?
The law applies to any person practicing a medical or related profession in the UAE (Art. 2). It sets out the duties and obligations of healthcare practitioners, including requirements to provide care with accuracy, honesty, and due diligence, and to comply with applicable laws and regulations (Art. 3). The law aims to ensure high standards of medical practice and protect patients' rights. (Federal Decree-Law Concerning Medical Liability, 2016, Arts. 2-3)
What are the key definitions under this law?
The law defines several key terms:
- The State: The United Arab Emirates
- The Ministry: The Ministry of Health and Prevention
- Health Authority: The Ministry or any federal or local government authority concerned with health affairs
- Profession: Any medical or related profession set by Ministerial Resolution
- Practitioner of the Profession: A practitioner of any medical or related profession set by Ministerial Resolution
- Sex change: The change of a person's sex where their physical sexual aspects are identical to their physiological, biological, and genetic characteristics
- Sex reassignment: Medical intervention to reassign the sex of a person whose sexual orientation is ambiguous
- Cloning: The creation of a human being by transferring a nucleus from a human body cell to an enucleated ovum
(Federal Decree-Law Concerning Medical Liability, 2016, Art. 1)
What are the main obligations and requirements?
Healthcare practitioners must: 1. Perform their duties with the level of accuracy and honesty required by the profession, in accordance with recognized scientific and technical standards (Art. 3). 2. Follow rules, systems, and procedures related to their grade and specialization (Art. 4(1)). 3. Register the patient's medical history before diagnosis and treatment (Art. 4(2)). 4. Use necessary diagnostic and treatment methods (Art. 4(3)). 5. Obtain the patient's consent for treatment, except in emergencies (Art. 5(1)). 6. Refrain from disclosing patient information, with limited exceptions (Art. 5(6)). 7. Refrain from conducting sex change surgeries (Art. 5(9)). (Federal Decree-Law Concerning Medical Liability, 2016, Arts. 3-5)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for healthcare practitioners. It focuses on their professional duties and obligations rather than administrative requirements. (Federal Decree-Law Concerning Medical Liability, 2016)
What rights and protections does this law provide?
The law provides the following rights and protections for patients: 1. The right to be informed about their medical condition, treatment options, and potential complications (Art. 4(7-8)). 2. The right to consent to treatment, except in emergencies (Art. 5(1)). 3. The right to confidentiality of their medical information, with limited exceptions (Art. 5(6)). 4. The right to be treated without discrimination (Art. 3). (Federal Decree-Law Concerning Medical Liability, 2016, Arts. 3-5)
Which authorities or bodies are responsible for enforcement?
The law establishes the following authorities and bodies: 1. The Ministry of Health and Prevention (the Ministry) (Art. 1). 2. Health Authorities, which include the Ministry and any federal or local government authority concerned with health affairs (Art. 1). 3. Medical Liability Committees, which investigate complaints against healthcare practitioners (Arts. 18-21). 4. A Supreme Committee of Medical Liability, which oversees the Medical Liability Committees (Arts. 18-21). (Federal Decree-Law Concerning Medical Liability, 2016, Arts. 1, 18-21)
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. Imprisonment for a period not exceeding one year, and/or a fine not exceeding AED 100,000 for practicing the profession without a license (Art. 28). 2. Imprisonment for a period not exceeding one year, and/or a fine not exceeding AED 100,000 for conducting unauthorized sex change surgeries (Art. 29). 3. Imprisonment for a period not exceeding one year, and/or a fine not exceeding AED 100,000 for disclosing patient information without authorization (Art. 30). 4. Imprisonment for a period not exceeding one year, and/or a fine not exceeding AED 100,000 for abstaining from treating a patient in an emergency (Art. 31). 5. Imprisonment for a period not exceeding one year, and/or a fine not exceeding AED 100,000 for using unauthorized or illegal treatment methods (Art. 32). (Federal Decree-Law Concerning Medical Liability, 2016, Arts. 28-32)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or financial provisions. It focuses on the legal and regulatory aspects of medical liability rather than financial matters. (Federal Decree-Law Concerning Medical Liability, 2016)
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. Healthcare practitioners are not required to obtain the patient's consent for treatment in emergency situations where the patient's life is at risk or the patient lacks legal capacity (Art. 5(1)). 2. Healthcare practitioners are not required to treat a patient if the patient violates the doctor's instructions or if there are reasons beyond the practitioner's control (Art. 5(2)). 3. Healthcare practitioners are not required to treat a patient if the case is outside their specialization, but must provide first aid and refer the patient to a specialist (Art. 5(3)). (Federal Decree-Law Concerning Medical Liability, 2016, Art. 5)
How are disputes resolved under this law?
The law establishes Medical Liability Committees to investigate complaints against healthcare practitioners (Arts. 18-21). These committees have the authority to hear testimony, review evidence, and issue decisions. The law also establishes a Supreme Committee of Medical Liability to oversee the work of the Medical Liability Committees. (Federal Decree-Law Concerning Medical Liability, 2016, Arts. 18-21)
What are the key deadlines and time limits?
The law does not specify any deadlines or time limits for healthcare practitioners or patients. It focuses on defining professional duties and obligations rather than procedural requirements. (Federal Decree-Law Concerning Medical Liability, 2016)
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including: - Federal Law No. (7) of 1975 concerning the Practice of Human Medicine Profession - Federal Law No. (8) of 1980 Regulating Labour Relations - Federal Law No. (28) of 1981 regarding the Detention and Treatment of Mentally-ill Patients - Federal Law No. (4) of 1983 concerning the Profession of Pharmacy and Pharmaceutical Establishments - Federal Law No. (10) of 1992 promulgating the Law of Proof in the Civil and Commercial Transactions - Federal Law No. (35) of 1992 promulgating the Criminal Procedure Law - Federal Law No. (15) of 1993 Regulating the Transfer and Transplant of Human Organs - Federal Law No. (20) of 1995 regarding Medicines and Products Derived from Natural Sources - Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and the Regulation of the Insurance Operations - Federal Law No. (10) of 2008 concerning Medical Liability - Federal Law No. (11) of 2008 on Licensing Fertility Centers in the UAE - Federal Law No. (7) of 2012 Regulating Expertise Profession before Judicial Authorities - Federal Law No. (14) of 2014 on the Control of Communicable Disease - Federal Law No. (4) of 2015 on the Private Health Facilities (Federal Decree-Law Concerning Medical Liability, 2016)
When did this law come into effect?
This Federal Decree-Law Concerning Medical Liability was issued on 02 August 2016 and came into effect on 15 August 2016, as published in the Official Gazette No. 601. (Federal Decree-Law Concerning Medical Liability, 2016)
Source Documents
This article analyses Federal Decree-Law Concerning Medical Liability for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.