The Ministry of Health and Prevention (MoHAP) has underlined that the Cabinet’s approval for the Executive Regulation of the Federal Law No. 4 of 2016 on medical liability is reinforcing the country’s health system and efficiency of medical services to align with the latest international developments and to consolidate the UAE’s position at the global level.
This comes in accordance with the country’s strategic trends to develop health legislation as per the highest international standards and in line with the UAE Vision 2021 to achieve a world-class health system.
MoHAP added that the executive regulation obviously outlines the controls and requirements of medical facilities performance to realize patient satisfaction and happiness, and to achieve transparency and integrity in regard to the duties and responsibilities of the medical professionals in the country, as per the profession prerequisites in terms of accuracy and honesty according to the scientific principles.
Additionally, the executive regulation clearly defines the medical errors and sets out a system for complaints, besides developing the mechanism of Medical Liability Committees and the Medical Liability Supreme Committee formation.
Also, it states the investigation mechanism with medical professionals and civil liability insurance against medical errors.
Criteria of Medical Errors and Disciplinary Penalties
Furthermore, the Executive Regulation of the Federal Law No. 4 of 2016 details the important rules, most notably the criteria of a gross medical error and its legal repercussions. Taking into account that the Medical Liability Committees are exclusively the entities vested with examining the complaints and their conformity to those criteria, in particular, that each complaint has different circumstances.
Remote Medical Services
Among the most important updates set out in this legislation is the provision of remote medical services which are witnessing a great advancement in several developed countries. Therefore, health legislation has to keep pace with these rapid transformations in terms of providing medical services, considering the development of necessary controls.
This is a significant transformation which contributes to the development of healthcare services and their fulfillment to patient needs in accordance with the best international practices.
Protection of Patients Information
The regulation also outlines the controls and requirements, on which it’s based, the medical information can be circulated by doctors within the context of protecting public health.
This procedure is one of the important additions to the medical liability law, where health authorities shall be allowed to carry out enormous programs and initiatives related to public health protection.
Medical Liabilities Committees and Their Responsibilities
These committees are exclusively examining the medical liability complaints and their procedures, as well as means of submitting medical error complaints and rules of civil liability insurance against medical errors.
Worth mentioning that the Executive Regulation of the Federal Law No. 4 of 2016 is a complementary to the legislative framework regulating the medical liability with an aim of ensuring appropriate balance between the protection of patient’s rights and the proper circumstances for the medical professionals to perform their duties, so as to achieve the equation of both patients’ interest and public health protection.