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
2561
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
569
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
1763
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
5571
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
869
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
148564
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
47967
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
19155
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
624
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
224

Other answers by
Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
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
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Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
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If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
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I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
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How is the probation period calculated exactly from the date of signing the contract? 0
Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?
Will the six-month period end at midnight on the 1st, therefore completing six months, or can the employer still terminate on the 2nd?
Appreciate any guidance provided.
Jan 26, 2024
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Can I cancel my house sale contract without extra fees after personal plans changed? 2
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
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How to know if an offer letter I received from a company in the UAE is legit? 2
I got an offer letter from Al-Haldin Gulf Construction & Petroleum LLC. Can you please advise about the company?
Mar 18, 2024
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Tenant always late with payments, hasn't renewed contract. What to do? 2
Hello,
I have a tenant who is always late with their payment. Their renewal was supposed to be last December 2023.
Currently, they have not signed any new contract, provided any new cheques, and have stayed for three months from December until now without paying rent.
Additionally, I just discovered that they have sublet the apartment with partitions, which is clearly stated as not allowed in the old contract.
Please let me know what should I do legally!
Mar 14, 2024
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How soon will I receive the cancellation paper from my previous employer? 1
Dear Concern,
How long will it take to receive the cancellation paper from my previous employer?
My last working day at my current company will be on April 7, 2024.
Mar 16, 2024
316
Tenant received renewal notice, rejected proposed rent on renewal day. What next? 2
Hi,
We sent a renewal notice to our Dubai-based tenant 84 days before his contract renewal, with a 10% increase in rent.
The tenant neither agreed nor disagreed with the proposed rent and replied on the day of renewal that he wouldn't be paying the proposed rent.
Due to the argument, the landlord decided to reduce the rent, but the tenant has not yet renewed his contract. It has been 12 days since his contract expired.
Kindly suggest what could be done in this matter.
Mar 12, 2024
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What happens when the property is sold mid-lease? 2
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
792
Evicting an employee from school accommodation while a labor case is pending 2
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
147
If I have a travel ban in KSA, can I travel to the UAE on a work visa? 10
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
1952
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 1
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
471
What can a cheque signatory of company expect if a cheque he issued has bounced? 0
Dear Respected,
I have a travel ban on me and a case raised in Dubai Courts against the company. The reason is the company owner asked me to sign a cheque to a service provider and the cheque bounced.
I'm not a shareholder in the license. I'm not a partner in the license or elsewhere. I'm not a manager in the license or elsewhere.
I only hold a POA from the owner to assist him in opening a bank account while he was abroad and be the authorized signatory in the bank.
What should I do in this case?
Thank you respected.
Jan 4, 2023
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