Can I pursue both criminal and civil cases for a confirmed medical error and claim full compensation?

Yes, you can file a criminal and civil lawsuit against the doctor. The Supreme Medical Committee report is the primary evidence, and you can include all medical expenses you incurred, including those paid by the insurance company, in calculating the compensation requested.

Filing a lawsuit will not exacerbate your condition, but will contribute to achieving justice and compensation for damages.

Dear Questioner,

Thank you for sharing the details and the Higher Medical Authority report. Please find below the guidance regarding your case:

Filing Criminal and Civil Cases:

You can file a criminal complaint against the doctor and/or medical facility, as the report confirms medical error and liability.

Separately, you can file a civil claim for compensation. Filing both does not harm your case; in fact, a criminal judgment confirming negligence can strengthen your civil claim.

Typically, clients first file the criminal complaint and then pursue the civil claim, using the criminal judgment as supporting evidence.

Claiming Surgery and Medical Charges:

You can claim any out-of-pocket medical expenses you personally paid due to the malpractice.

Amounts fully covered by your insurance generally cannot be claimed by you directly, but your insurer may pursue recovery from the negligent party.

You can also claim future medical costs, lost income, and moral damages (pain and suffering).

We recommend proceeding with filing the criminal complaint with the Public Prosecution, and simultaneously preparing a civil claim for your personal damages. We can assist you in drafting the complaint and compiling the necessary supporting documents.

Kind regards,

Mohammed Salah

Legal Consultant

Greetings,

Based on the report from the Higher Medical Authority confirming a medical error, you do have the right to pursue legal action.

In the UAE, it is possible to file both a criminal complaint and a civil compensation claim; the choice depends on your objectives and requires a case-specific legal strategy.

Regarding compensation, you may claim medical and surgery costs, including amounts covered by insurance, provided they are supported by documentation.

To protect your rights and maximize your claim, we recommend a detailed review of your case.

You can book a consultation or appoint Future Vision for Advocacy and Legal Consultancy to represent you.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us at [---------------].

Dear User,

Since you have obtained a report from the Supreme Medical Authority, this in itself is a very strong piece of evidence in any lawsuit related to medical errors.

A criminal case is usually filed if the medical error is serious and results in significant bodily harm or death, and its purpose is to hold the doctor or hospital accountable at the criminal level.

A civil lawsuit for compensation is the most important for you, as it allows you to claim damages for physical, material, and psychological harm.

You can file both cases together. Usually, the process begins with the criminal case, and the civil court relies on it when determining compensation.

There is no harm in pursuing both simultaneously; sometimes it strengthens your position in claiming compensation, but the procedure may take longer.

Compensation usually includes treatment and operating expenses paid by you (personally),

Psychological and physical damage, and material losses

As for the fees that the insurance company initially paid, you cannot claim them because you did not pay them yourself, but in some cases, the insurance company itself has the right to return to the hospital or doctor to recover what you paid (the right of return is called subrogation).

Note: This is a free consultation, and the office does not bear any responsibility for this consultation. For more details, we hope you can contact us by calling [------------].

Thank you for your message!

Since the Higher Medical Authority has already concluded that there was a medical error and responsibility lies with the doctor, you have a strong foundation to proceed legally.

Civil & Criminal case:

Yes, you may file both. The criminal complaint is generally to hold the doctor accountable under the Penal Code, while the civil claim is to recover damages. Filing both does not weaken your case—rather, the criminal process strengthens the civil claim, as the findings can support your compensation case. In practice, many patients pursue both routes for a stronger position.

Compensation calculation:

You can certainly include your own direct costs, such as surgery expenses, additional treatment, future medical care, lost income, pain and suffering, etc. As for the amounts already paid by your insurance company, these are usually claimed by the insurance provider under “subrogation rights.”

However, we can structure your claim to ensure that your compensation covers all actual losses and benefits you directly while also accounting for what the insurance may recover separately.

I recommend we sit together, review your report and documents, and then decide on the exact claim strategy and quantum of compensation to seek.

You can reach out to me directly on WhatsApp or phone at [-------------] so we can discuss further and I can guide you on filing the cases and representing you properly.

Dear questioner,

1. Yes, you can file both.

2. Yes, in compensation, you can ask for all costs incurred with the hospital and compensation for your loss of work or your partner’s work.

If you need our assistance in this matter, kindly share your WhatsApp number.

Good evening,

I hope you are doing well.

If the Higher Medical Liability Committee concludes that there was "gross medical negligence", it will refer the matter to the Public Prosecution, and you may proceed with a criminal case.

However, if the decision is that it was only a medical error or minor negligence, then you cannot file a criminal case.

In both scenarios, you can still claim "compensation" for the cost of treatment as well as the damages you have suffered.

Our firm specializes in medical malpractice cases, and we would be glad to assist you in pursuing your compensation claim.

You can contact us at [------------].

Thank you for contacting us via Legal Advice Middle East!

Your case is very strong, given that the Higher Medical Authority already confirmed medical error and attributed responsibility to the doctor.

We recently acted in a very similar case where this type of report became the key evidence that allowed both criminal and civil proceedings to succeed.

To your first question, you can initiate both criminal and civil cases. The criminal complaint highlights the professional misconduct and may result in penalties for the doctor. The civil claim is where you seek financial compensation.

Often both are filed together, and the criminal finding strengthens the civil claim rather than harming it. The hidden risk is delaying, because waiting too long can give the defense a chance to argue procedural objections.

For your second question, you can include all direct financial losses linked to the error, including surgery and medical expenses. However, when insurance has already paid some of those charges, the court may deduct that portion to avoid what is called “double recovery.”

In practice, we have successfully argued for clients to still include those amounts in the claim, with the court deciding how to apportion them. What is critical is to present the full picture of your damages—medical bills, additional treatment, lost income, and emotional suffering—so that the court understands the scale of harm.

The most strategic step is to file a civil claim for compensation immediately, while also lodging a criminal complaint to put pressure on the doctor. Our office can structure both actions so they support one another, ensuring you recover the maximum compensation possible.

To guide you precisely, we would need to review the Higher Medical Authority report, your medical bills, and insurance correspondence. Our multilingual consultants are available in Arabic, English, Russian, Hindi, and Chinese to assist you.

Dear Questioner,

Thank you for sharing the update and your questions regarding the medical error case.

1. Filing Criminal and Civil Cases

Yes, you can file both criminal and civil cases against the responsible doctor or medical facility. The criminal case can address negligence or malpractice punishable under UAE law, potentially leading to fines or imprisonment for the practitioner if found guilty.

The civil case focuses on compensation for damages suffered. Pursuing both can strengthen your position rather than worsen it, as criminal findings can support civil claims. However, it is wise to consult a medical negligence lawyer to coordinate the process carefully.

2. Including Surgery and Medical Charges in Compensation

You can include all direct medical costs related to the malpractice in your compensation claim, including surgery fees, hospital charges, and any payments made by your insurance company. Courts typically consider all incurred medical expenses, rehabilitation costs, lost income, pain and suffering, and future medical needs when calculating compensation.

Since your case involves a Higher Medical Authority report confirming fault, this is strong evidence for your claims.

If you need assistance filing your claim or further legal advice on medical negligence in the UAE, please let me know.

Best regards,

Abdul Wahied