Questions & Answers
Questions & Answers
3 available 3 • View allLiability for medical malpractice or negligence
3
Q: What is the statute of limitation for medical negligence/malpractice under UAE civil and criminal laws?

May 14, 2017
2535
Claiming compensation for malpractice and failing to diagnose cancer
1
Q: Hello,
I went to my doctor in June 2019 with a lump in my breast. I had an ultrasound and mammogram and was told it is nothing (I now have the report which advises a biopsy. This wasn't done).
In March 2020 I went back and said it had grown. She still said it was fine and I demanded investigation. An ultrasound was done. Again she said it was fine.
I demanded a biopsy but she then said lockdown is about to happen. I stupidly accepted this as she said it was fine.
In May I was in the ER with unbelievable pain. I have stage 4 breast cancer which has now traveled to multiple bones. It is incurable.
I am in Dubai alone and the insurance will run out soon even though I haven't really started the treatment properly.
Do I have a case and will someone take me on pro bono?
Thanking you in advance

Sep 9, 2020
523
Medical negligence and its remedies in Dubai
2
Q: Dental malpractice:
My daughter had a root canal done by a specialist pediatric dentist at a major hospital in Dubai and final reports and doctor claimed it was completed.
After that, the final payment was made and we were given a form for an insurance claim that everything was completed.
However, after going to another establishment, X-rays showed the root canal was not completed and the child is required to go through the whole procedure again causing mental agony and pain.
My child is not willing to go to any dentist much alone the same dentist because of the traumatic events and pain she endured of the 1st root canal which was supposedly done over 3 sittings.
I contacted the 1st hospital and they agreed in writing that it was a mistake.
The doctor also has called me personally to apologize and he would carry out the procedure including additional services free of cost.
My child is 3 years old and traumatized and unwilling to go to any dentist.
What are my options to claim?

Jan 12, 2019
1707
Legal blog
2 available 2 • View allProvisions of Medical Liability in the UAE 6
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.
Apr 9, 2019
5500
Medical Errors: Understanding Liability and Compensation 7
Exploring the various factors related to medical errors, including their definition, causes, severity, and legal implications, and highlighting the importance of understanding liability and compensation for patients and healthcare providers alike.
Mar 16, 2023
830
Laws & Regulations
5 available 5 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148342
Federal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47895
Federal Law No. (35) of 1992 Concerning The Criminal Procedural Law 13
The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules.
Jun 15, 1992
19103
Federal Law No. (15) of 2020 on Consumer Protection 0
The provisions of this Federal Law, known as the "New Consumer Protection Law", govern Consumer Protection regulations in the United Arab Emirates. The New Consumer Protection Law repeals the previous UAE Consumer Protection Law (Federal Law No. (24) of 2006 on Consumer Protection).
Nov 10, 2020
589
Cabinet Resolution No (12) of 2007 Concerning the Executive Regulations of Federal Law No (24) of 2006 on Consumer Protection 0
The provisions of this Cabinet Resolution No (12) of 2007 Concerning the Executive Regulations of Federal Law No (24) of 2006 on Consumer Protection.
Mar 29, 2007
207

Premium
Other answers by
326 326 answers •
View allSigning a non-compete clause upon termination of a labor contract 0
Dear sir/madam,
I had signed a labor contract with the Ministry of Labour which had no "non-compete" clause.
Now, I want to leave the company, but my employer wants me to sign the "non-compete" clause in the termination contract.
In this case, is the non-compete clause applicable or not?
Oct 19, 2022
283
Max deduction for severance pay due to damage/negligence in UAE 0
Dear Questioner,
In the UAE, is there a maximum amount an employer can deduct from an employee's severance pay due to damage/negligence?
Apr 26, 2023
192
Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 0
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
Sep 16, 2024
235
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟ 0
صباح الخير،
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى في حال كون المدَّعِي (فرد) والمدَّعَى عليه (شركة) في الإمارات؟
شكرًا!
Jan 13, 2022
740
استحقاق المحامي نسبة من الفائدة القانونية رغم إبرام عقد سنوي بمبلغ مقطوع 0
السلام عليكم،
اتفقت الشركة مع مكتب محاماة على عقد سنوي بمبلغ مقطوع بالإضافة إلى نسبة من المبلغ الذي يتم تحصيله من القضايا.
هل يستحق المحامي نسبة من الفائدة القانونية المقضي بها حكمًا؟
Apr 27, 2022
856

Premium
Other answers by
477 477 answers •
View allCan a Muslim man marry a Muslim woman in the UAE law? 0
Can a Muslim man marry a Muslim woman in the UAE law?
Dec 27, 2022
229
How to know the reason for rejecting the police clearance certificate? 0
In case of police clearance certificate rejection, do the police give a reason for rejection?
Apr 24, 2023
851
Can I cancel my house sale contract without extra fees after personal plans changed? 0
Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?
Jul 12, 2024
566
Can the landlord evict me from apartment for personal use if he lives in his own property? 0
The owner sent me a notice by email saying that he doesn't want to renew the contract for the purpose of personal use.
He didn't mention what this personal use means. He already has multiple houses for rent and he has his own which he is living in currently.
Is it legal to evict me?
Thanks
Aug 31, 2023
328
How to know if an offer letter I received from a company in the UAE is legit? 0
I got an offer letter from Al-Haldin Gulf Construction & Petroleum LLC. Can you please advise about the company?
Mar 18, 2024
230

Premium
Other answers by
183 183 answers •
View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
472
What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
765
Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
127
If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
1875
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
447
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer