Q: What is the statute of limitation for medical negligence/malpractice under UAE civil and criminal laws?

Q: I was diagnosed with a liver disease and the doctor took a liver biopsy and when I came to see the result of the lab I was informed that they did not send the sample to the lab on time as the lab was closed for one day and then they forgot to send it again and after a week they present it to the lab and they informed them it was too late as the sample is damaged since it is supposed to be sent within 48 hours. Now I have to make another biopsy - which is for your information is not an easy procedure - for a mistake made by the hospital. Can I claim for compensation?

Q: Hi, I just wanted clarification on something. I recently wrote to a clinic where I had a bad experience - in a private email - to complain about the service. The clinic has now threatened me with breach of Federal Law. I haven't published anything on social media but did say in my email that I wouldn't recommend the clinic on platforms where families chat about which clinic they should choose for IVF. How much in trouble am I with the Clinic? What can they do? I was just expressing my personal experience! Thank you.

Q: Hi, I went to a clinic for teeth braces to make my teeth straight and they told me that they need to remove 2 teeth and then they will put braces. So they did the same and on 3rd visit, the other doctor asked me to do an x-ray to check the situation. She checked my x-ray and told me that sorry we can't do this treatment with the braces because it's a bone problem, so you can go to a surgeon. Now, I am struggling with pain and even all my teeth are shaking. I want to file a case for a money claim. Please advise on this.

Q: Hi. I have a statement from the Dubai Health Authority stating there has been malpractice in my case with my plastic surgeon and I have the right to be compensated. The surgeon is currently in the US and I suppose no longer has a practice license in Dubai but the medical clinic is still in Dubai. In this case, who should compensate me for the mistake; is it the doctor or the clinic? I have emailed the clinic with my official statement but they have not responded.

Q: I had my braces from a dental clinic in 2016. My teeth had a slanted angle back then. The treatment lasted for 5 years, but then the X-ray showed that the roots of my teeth were shortened and the dentist said we have to stop the treatment and remove the braces because of the risk of losing my teeth. I was very dissatisfied with what happened. I asked what caused the shortening of roots and he did not give me a definite answer. He said probably because I’ve had braces for too long. So to cut the story short, they removed my braces this June. After 5 years, the angle of my tooth is still bad and slanted. I don’t know what to do. I’m not sure if this is a reasonable post. But the fact that it took so long for them to fix my teeth and in the end, they were only able to correct the bite.

Q: Dear lawyer, I started fixing my teeth for my full mouth with a dentist in 2017. In the beginning, we fixed a price of 28000 and I've been told by him that it will take few months to complete the work. After that, he never completed it till now 2021. Many times, some of the teeth have been broken and almost 6 times in several spots plus the pain they are causing me. The dentist never completed the work till now and he is always delaying my appointments. I've been asking him several times that I need to finish as it is taking too much time plus it costs me a lot taking taxis every time to his clinic. Also, he's been asking me several times to pay extra charges; we almost reached AED 30500. Note that I have to beg for appointments. Now I want to go to another dentist to complete the work and I want him to pay for that and I need him to compensate me for all the money I spent on taxis and extra charges. Will I win my case?

س: السلام عليكم، تعرضت لوعكة صحية عبارة عن أعراض تقل في الصدر وألم في ذراعي الأيسر يوم 24/10/2021. توجهت إلى عيادة التأمين الخاصة بالعمل وشرحت لهم الأعراض المؤلمة وانتظرت لكي يأتي دوري للتشخيص ومن ثم أدخلتني الممرضة غرفة لإجراء رسم قلب. أُجري رسم القلب ومن ثم أدخلوني للطبيب الموجود الذي أخبرني أنه لا يوجد لدي أي مشاكل صحية وأنه عبارة عن ضغط أو شد أعصاب، وكنت قلقًا بسبب تلك الأعراض التي لم أتعرض لها من قبل فسألته؛ هل هي جلطة أو انسداد شرياني فأجابني بالنفي واستبعاد تلك الأمور. طلبوا مني التوجه إلى طبيب آخر في بر دبي ولكن طلبوا مني الانتظار لحين التواصل مع هذا الطبيب وتحديد موعد لي ولكن بلا جدوى. انتظرت طويلاً وفي النهاية أخبروني أنه عليّ دفع رسوم رسم القلب وأخبروني أنه يتوجب عليّ انتظار مكالمة من الطبيب الآخر ولكن كانت حالتي تزداد سوءًا فتوجهت إلى مستشفى راشد وقد تأخرت بسبب الوقت الذي أمضيته في العيادة الخاصة بالتأمين. أجروا لي فحوصات أخرى وتبين أنها جلطة قلبية وقاموا بإجراء قسطرة ودعامة عاجلة لي وأخبروني أني تعرضت لموت جزء من أنسجة القلب بسبب التأخير والحمد لله على كل حال.  هل أستطيع تقديم شكوى أو مقاضاة تلك العيادة بسبب الإهمال في حالتي؟ وشكرًا!

Q: Hi, A patient has filed a civil case against me after he developed a clot which the radiologist misdiagnosed and said that it was not there. It is a well-known complication of any orthopedic surgery but treated by a vascular surgeon. I followed all protocols and DHA said since the patient was originally mine, I should have paid more attention but no action was recommended against me. Based on this, the patient filed a civil case against the hospital as the report also said the hospital is responsible for hiring an incompetent radiologist. I no longer work for this hospital and they asked the court to include me in the case too. What are the usual compensations awarded by the court if there is no loss of life or any body function? And will medical malpractice cover it, if so which one; my current one or the one that still insures the hospital? Thanks!

Medical treatment provided to patients does not always achieve the desired results, and sometimes it may lead to catastrophic consequences that cannot be remedied. This is due to several factors, some of these factors are related to the therapist or to the patient himself, or even related to God's will. It was, therefore, necessary for the legislator to intervene and develop the laws governing medical malpractice cases and set the limitations of liability for the therapist in such cases.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.