Download Investments in den Golf Staaten

Legal Framework of
Medical Liability
Jana Krok, LL.M.
STROHAL LEGAL GROUP
Sources of Law





General Laws like Islamic Sharia Law, Civil Code, Penal
Code etc.
Federal Law No (7) of 1975 Concerning the Practice of
Human Medicine
Federal Law No (5) of 1984 Concerning the Practice of
some Medical Professions by Persons other than Physicians
and Pharmacists
Federal Law No (2) of 1996 Concerning Private Health
Facilities
Federal Law No. (10) of 2008 Concerning Medical Liability
Federal Law No (7) of 1975
Concerning the Practice of Human Medicine
“No person shall practice the profession of human medicine in
companies, clinics, private hospitals, or private establishments
or facilities in the United Arab Emirates unless he is licensed
to practice this profession by, and is registered with, the
Ministry of Health in accordance with this Law.”
Health Professional Categories:

Physicians

Dentistry

Pharmacy

Nursing / Midwifery

Allied Health
Law No (5) of 1984 Concerning the Practice of some
Medical Professions by Persons
other than Physicians and Pharmacists
License also needed for:
 Laboratory

Imaging (examination and treatment)

Physiotherapy

Optical (manufacturing and fitting)

Audiology and Phonetics

Anesthesia

Nutrition

Ventilators

Nuclear medicine

Orthotics etc.
License – required documents example of HAAD
Educational qualifications
Experience certificates

Cover the minimum requirements of the Professional
Qualification Requirement

If applicant holds diploma or less, attaching high school
certificate is required

Cover the minimum requirements of the Professional Qualification
Requirement

To show the job title and duration

To be signed by the human resources or Medical/Hospital director
Home country license or license from the country where the Cover the minimum requirements of the Professional Qualification
relevant qualification was obtained
Requirement
Registration(s) or License(s) from each country where applicant Cover the minimum requirements of the Professional Qualification
have been employed
Requirement
Certificate(s) of Good Standing
From the regulatory authority issuing the licenses (registrations) for
experiences that cover the minimum requirements of the PQR
Official logbook for the past 2 years
For surgeons
specialists
Transcript or residency programs
May be required for evaluating the qualification
Staff Data clearance form (Security clearance form)
Applicant can start the process without Staff Data form, but it will be
mandatory before license issuance
Nomination letter (from sponsoring facility in Abu Dhabi)
Applicant can start the process without Nomination letter, but it will be
mandatory before license issuance
Malpractice insurance for healthcare professionals
Applicant can start the process without Malpractice, but it will be
mandatory before license issuance
Privileges for the last 2 years
Required from Physicians eligible for HAAD exam exemption
Privileges from the sponsoring facility in Abu Dhabi
Required from Physicians eligible for HAAD exam exemption
(including
Obstetrics
&
Gynecology)
and
dentist
Law No (2) of 1996 Concerning Private Health Facilities












Hospital: General Hospital, Specialized Hospital, Nursing Home etc.
Clinic: General Clinic, General Dental Clinic, School Clinic etc.
Day Care Surgery Centre
Centre: Medical Center, Dental Center
Diagnostic Centre
Rehabilitation Centre (Optical Shop, Audiometric Shop, Prosthetic &
Orthotics, Dental Laboratory, Physiotherapy)
Dialysis Center
Fertilization Center
Mobile Health Unit
Traditional Complementary and Alternative Medicine (TCAM) Practitioners
(Acupuncture, Chiropractic's, Homeopathy, TCM (Traditional Chinese
Medicine), Ayurveda etc.
Provision of Health Service (Healthcare Management, Medical Staff, Home
Care Services, Vehicle Ambulance etc.)
Pharmacy Establishment (Out-Patient Pharmacy, In-Patient Pharmacy,
Drug Store (Medical Store), Drug Manufacture (Medical Factory), Scientific
Office etc.
Federal Law No. (10) of 2008
Concerning Medical Liability


Accurate and Honest Performance, Article 3:
Individuals practicing medical professions in the UAE shall
perform their duties accurately, honesty and in accordance
with the recognized scientific and technical principles to
provide the necessary care for patients, in addition they
shall not make use of the patients' needs for illegal benefit
to themselves or others and without discrimination between
patients.
Medical Malpractice Liability Insurance, Article 25:
It is prohibited to practice a medical profession without
procuring medical malpractice insurance with any licensed
insurance companies, generally done by the owner of the
health facility.
Federal Law No. (10) of 2008
Concerning Medical Liability


No Sterilization, Article 13: No act or interference relating to
birth control shall be carried out without the request or the
consent of the spouses, nor any act or intervention related
to women sterilization shall be made without the proper
advice of a specialized medical committee consisting of not
less than three physicians agreed that there is a serious
threat to the mother's life in case of pregnancy or delivery
and after obtaining the wife's written consent and notifying
the husband.
No Abortion, Article 13: With the exception of the
following cases, physicians are not allowed to perform any
abortions or to prescribe anything that would lead to
abortion: If the continuity of such pregnancy may threaten
the pregnant woman's life or the fetus is suffering
malformation (…)
Federal Law No. (10) of 2008
Concerning Medical Liability
No Liability, Article 14: instances where doctors will not be
held liable for medical negligence:
 If the damage was sustained due to the action of the
patient (i.e. refusing to receive treatment, failing to follow
the medical instructions or due to an external cause).

If the physician followed a certain medical method which,
although not the generally accepted method, is a method
which followed recognized medical principles.

If the medical side effects and complications are known
in the medical practice.
Thank you for your attention.
STROHAL LEGAL GROUP
Contact Us
UAE Head Office: STROHAL LEGAL CONSULTANTS
Address: Villa 2, 20B Street, Community 153
P.O. Box 31484, Ras Al Khaimah, United Arab Emirates
Tel:+971 7 2364530
Email: [email protected]
Website : www.slg-strohallegalgroup.com