How to File a Medical Malpractice Lawsuit in the UAE: Procedure and Challenges
The UAE has a well-established healthcare system that provides world-class medical care to its citizens and residents. However, just like any system, the UAE’s healthcare framework is also prone to errors by its healthcare providers, which is referred to as medical malpractice. If you have been wronged by the healthcare system, you can sue the hospital and/or the healthcare provider but pursuing legal recourse without assistance is challenging and could result in a loss of your rights. You would need a knowledgeable medical malpractice attorney in the UAE to assist you with your case and represent you before the legal authorities. Below, we briefly address the challenges involved and the procedure for filing a medical malpractice lawsuit with medical negligence lawyers.
Challenges in Filing a Medical Malpractice Lawsuit in the UAE
Filing a medical
malpractice lawsuit in the UAE can be difficult due to several factors, with
the burden of proof being one of the most significant challenges. To succeed in
such a lawsuit, you must demonstrate that the healthcare provider breached
their duty of care, and that such breach caused the injury or harm you
suffered. Proving this can be challenging, particularly if the healthcare provider
denies any wrongdoing, which is generally the initial response. If you are able to file a robust claim, this
may also open up the possibility of a settlement.
Another challenge in
filing a medical malpractice lawsuit in the UAE is retaining competent legal
counsel (as most medical malpractice lawyers in the UAE do not have a
scientific or medical background). You
will ideally retain lawyers that understand complex medical reports. Medical negligence lawsuits may require
extensive medical reports and expert testimony. To save time and costs in the
long term, it may be helpful to seek the guidance of a medical lawyer in the UAE
who can assist you in navigating the legal complexities.
Procedure for Filing a Medical Malpractice Lawsuit in the UAE
If you suspect that you
are a victim of medical malpractice in the UAE, the initial step is to seek
guidance from a medical malpractice attorney. These attorneys specialize in
personal injury law and have significant expertise and experience in handling
medical malpractice cases. They can offer legal counsel and represent you in
court, if needed..
After consulting a medical
malpractice attorney, the next step is to file a complaint with either the
Dubai Health Authority (DHA) or the Health Authority Abu Dhabi (HAAD). The
complaint must include a detailed account of the medical treatment received and
the harm or injury you suffered. The DHA or HAAD will conduct an investigation
to ascertain whether medical malpractice occurred. If evidence of medical
malpractice is found, the healthcare provider may face fines, suspension, or
license revocation. However, this does not compensate you for the harm or
injury you suffered. To receive compensation, you must file a lawsuit against
the healthcare provider responsible.
The medical malpractice
lawsuit must be filed in the UAE courts and supported by medical reports and
expert testimony from a qualified medical professional. The court will examine
the evidence presented and determine whether medical malpractice occurred, as
well as the amount of compensation you are entitled to receive. Separately, a criminal case may also be filed
against the healthcare provider, depending on the conduct involved.
The Bottom Line
If you are a victim of medical malpractice in the UAE, you have the right to file a lawsuit against the responsible healthcare provider. However, depending on the specifics of your case and who you are suing, you will likely require the assistance of personal injury lawyers or medical malpractice attorneys with extensive expertise in this area.
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