Legal Liability of Negligence-Based Medical Malpractice in the United Arab Emirates – Examining the Limits of Criminal Liability

Abstract

Legal liability of negligence-based medical error is complex. Legislation strives to balance the accountability of the healthcare practitioner whilst ensuring a safe healthcare practice environment. A balance the UAE seeks to achieve through a mandatory two-tier Medical Liability Committee review to confirm Negligence prior to the litigation process. This paper used a doctrinal legal research approach incorporating statutory and case law analysis. This paper examines the legal liability for negligence-based medical malpractice in the UAE, focusing on whether the criminal liability stipulated for gross medical error is justified. The study analysis establishes that United Arab Emirates legislation governing medical liability constructs a dual legal liability pathway: distinguishing between medical error, which raises only civil liability, and gross medical error, which triggers criminal sanctions in addition to civil and disciplinary liability. Also, the analysis further examines the evidentiary value of the medical liability committee report. The analysis finds that criminal liability for gross medical errors in the UAE is not adequately supported by recognised theories of criminal punishment or by evidentiary standards. Further analysis finds that the UAE medical liability legislation does not provide an alternative dispute resolution pathway for negligence-based medical malpractice, other than a limited reconciliation for gross medical error, which may reduce criminal liability. However, civil liability can still be claimed. In conclusion, two future reforms might be considered by the UAE legislator: legislating an alternative dispute resolution mechanism to litigation and considering limiting criminal liability to prohibited behaviour rather than making it a mandatory element of Negligence-based gross medical error.