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?

Q: Hi. I won a DHA ruling of malpractice against a Dubai-based dental clinic and need to go to court to recover the money I paid out. I’m also hoping for some compensation for the year of pain and inconvenience I went through as a result. I'm told that I have to pay 6% of my claim up front. How much should I claim? I spent AED 30,000 on the original dentist and AED 80,000 correcting the problem. I gave a statement as part of the malpractice case. As I have already won this, do I still need a lawyer to represent me, or would the judge use my original statements? I appreciate any advice on this matter. Thanks Fariba

Q: Hi, In June 2016, I had too much pain in my tooth and I went to a renowned hospital in Abu Dhabi and did the root canal treatment. After the treatment, I had pain several times in the same area but last week I again had too much pain and it's unbearable. So I went and checked with another dentist in another hospital. And after the X-ray, we found out that the last RCT that was done in June 2016 was very bad. There was a broken instrument in my tooth and because of that I have a serious infection and I need to go for dental extraction and dental implant afterwards. It's a case of medical negligence and I would like to file a case. Can you please advise me what would be better for me? Thanks and waiting for your kind reply.

س: السلام عليكم، عاملة رجعت من الشغل وجدت ذراعها وأصابعها لا تتحرك. ذهبت إلى طبيب علق لها محلولاً وطلب الراحة لمدة ٢٤ ساعة. بعد المحلول لم تستطع المشي وذهبنا للطوارئ في مستشفى خاص رفض الحالة، ثم ذهبنا لمستشفى حكومي وكان التشخيص جلطة في المخ ومن الخطأ ما فعله طبيب العيادة. ما التعويض المناسب؟ الذراع لم يتحرك.

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.