Medical Negligence Under UAE Law means a medical error as defined in Article 6. The definition appears in Federal Decree-Law No. 4 of 2016 on Medical Liability. The law covers anyone practising a medical profession in the State, including Dubai (Article 2). A claim starts with a complaint to the health authority. A Medical Liability Committee then decides whether an error occurred (Articles 18 and 19).
Quick Answer
Medical Negligence Under UAE Law is assessed against the grounds for medical error in Article 6 of Federal Decree-Law No. 4 of 2016. These include ignorance of expected technical knowledge, departure from recognised medical standards, lack of diligence and negligence. A harmful medical outcome alone does not necessarily establish liability.
A complaint is submitted to the relevant health authority and referred to a Medical Liability Committee. The committee examines the medical records, the alleged error, resulting damage and causation. A grievance process may apply before a civil compensation claim proceeds. Preserve the complete medical file, consent forms, treatment records and evidence of losses.
Medical Negligence Under UAE Law and the grounds for a medical error
Article 6 lists the grounds for a medical error. The executive regulation sets the standards for a gross error.
| Ground | What it means | Article |
|---|---|---|
| Ignorance | The practitioner did not know technical matters that every practitioner of the same grade and specialisation should know | 6(1) |
| Departing from standards | He failed to follow the recognised professional and medical standards | 6(2) |
| Lack of diligence | He failed to act with the necessary due diligence | 6(3) |
| Negligence | He failed to act carefully and with precaution | 6(4) |
Before an intervention, the practitioner must explain the treatment options, the condition’s nature and seriousness, and possible complications (Article 4). A surgical operation usually requires the patient’s written consent. It also requires a qualified surgeon and a suitably equipped facility (Article 8).
When the law says there is no liability
Article 17 excludes liability in the following situations.
- The damage did not result from any of the grounds in Article 6.
- The damage resulted from the patient’s own act, refusal of treatment, failure to follow medical instructions, or an external cause.
- The doctor used a method different from those used by other doctors of the same specialisation. It must still conform to generally accepted medical standards.
- A recognised or unexpected effect or complication occurred in medical practice and did not result from a medical error.
Concerned About a Possible Medical Error in Dubai?
Discuss your medical records, treatment history and concerns about professional standards with Leaders Advocates. Ask how the UAE medical liability complaint process may apply to your circumstances.
How a complaint moves
- File the complaint with the health authority that regulates the facility. This means the Ministry or a federal or local authority concerned with health (Article 1). In Dubai, this is usually the Dubai Health Authority. A facility inside Dubai Healthcare City answers to the Dubai Healthcare City Authority. A federal facility answers to the Ministry of Health and Prevention. The Public Prosecution refers complaints directly to the health authority (Articles 19 and 24).
- The health authority refers the complaint to a Medical Liability Committee of experienced doctors (Article 18).
- The committee reviews the medical file. It issues a reasoned report to the health authority within 30 days of the referral. The period can be extended by similar periods with the authority’s approval (Article 19).
- The report states whether an error occurred and how serious it is. Where several people are responsible, it states each one’s percentage of responsibility. It also states the resulting damage, the causal link and any percentage of disability (Article 18).
- Either side can challenge the report within 30 days of being legally notified. The grievance goes to the health authority, which sends it to the Supreme Committee of Medical Liability. The Ministry of Health describes the period as 30 working days. If no grievance is filed in time, the report is final (Article 20).
- The Supreme Committee decides the grievance. Its decision is final. No authority accepts a challenge to its report (Article 21).
The court accepts a compensation claim only after referral to the Medical Liability Committees (Article 18). The committee’s report settles whether an error occurred, its seriousness and each person’s share of responsibility. It also settles the damage, causal link and any disability percentage. The court then decides civil liability and compensation. For the civil court stage after the required committee process, read how to file a civil case in Dubai.
Need Help Filing a Medical Negligence Complaint?
Speak with Leaders Advocates about the relevant health authority, medical documentation, Medical Liability Committee process and applicable grievance deadlines. Review the evidence before pursuing a compensation claim.
Compensation
The civil claim follows the Civil Transactions Law (Federal Decree-Law No. 25 of 2025). The court decides the amount.
| Point | What the law says | Article |
|---|---|---|
| Liability for harm | Any harm to another obliges the person who caused it to compensate it | CTL 246 |
| The amount | Compensation covers the injured person’s loss and lost gain that naturally result from the harmful act | CTL 255 |
| Moral damage | It includes harm to liberty, honour, reputation and social position. The court may award it to a spouse or relatives up to the second degree. The award concerns the injured person’s disability or death | CTL 254 |
| Several responsible persons | Each is liable for his share. The court can reduce or refuse compensation if the injured person contributed to the harm | CTL 253 |
| No liability for a foreign cause | A person is not liable if he proves the harm came from a cause beyond his control. Examples include acts of a third party or the injured person. This exclusion applies unless the law or an agreement says otherwise | CTL 249 |
| The hospital or clinic | A principal is liable for the harm his subordinate causes in the course of his work or because of it | CTL 266 |
| Exclusion clauses | A term that excludes or reduces liability for a harmful act is void | CTL 257 |
| Time limit | The claim is not heard after 3 years from learning of both the harm and who caused it. If the claim arises from a crime and criminal action remains open, the period starts when that action ends. The outer limit is 15 years from the act | CTL 258 |
The practitioner must hold insurance against civil liability for medical errors. The facility owner must insure its practitioners and pay the premiums (Articles 25 and 26 of the Medical Liability Law). A health authority receiving a visiting doctor answers to the injured person for that doctor’s error. It can claim back from the doctor (Article 25).
Criminal consequences
A gross medical error is a crime. The law also limits when a practitioner can be investigated.
| Conduct | Penalty | Article |
|---|---|---|
| A gross medical error | Imprisonment of up to one year and/or a fine of up to AED 200,000 | 34 |
| A gross medical error that causes a death | Imprisonment of up to two years and/or a fine of up to AED 500,000 | 34 |
| A gross medical error under the influence of alcohol or drugs | Imprisonment of up to two years and a fine of up to AED 1,000,000 | 34 |
- Investigation, arrest or imprisonment on a complaint requires a final health authority medical report confirming gross error (Article 24).
- The health authority can suspend a licence for up to 30 days at a time. This may continue until the committee deposits its report (Article 23).
- The victim or heirs can request reconciliation before the health authority or the Public Prosecution. They can do so at any stage, even after a final judgment. Reconciliation ends the criminal action without affecting the civil claim (Article 35).
What to keep before you complain
Collect the evidence before the facility changes or archives it.
- The full medical file, with the test results, scans and discharge papers.
- The consent forms, and any record of what you were told about the risks.
- The prescriptions, invoices and receipts, and the cost of any corrective treatment.
- Messages with the facility and photographs of the injury over time.
- Record the treatment date and when you learned of the harm and who caused it. The time limit runs from that knowledge. For organising medical evidence and financial loss, see what to check when choosing a personal injury lawyer in Dubai.
If you suspect a medical error, send us your file on WhatsApp or through the Contact Us page.
Review Your Medical Negligence Case and Evidence
Discuss your treatment records, alleged medical error, committee report or compensation concerns with Leaders Advocates. Ask which health authority procedure and civil claim requirements may apply.
Questions about medical negligence
Relevant Legal Services
For medical liability complaints, compensation claims, evidence review and related court proceedings, explore our civil lawyers in Dubai, litigation lawyers in Dubai and commercial litigation lawyers in Dubai. The appropriate legal approach depends on the medical records, findings of the relevant committee, causation and evidence of loss.
Related Legal Guidance
Need Legal Help With Medical Negligence Under UAE Law?
To discuss a claim, speak to our lawyers on WhatsApp or use the Contact Us page. Our civil and litigation services can help assess the complaint procedure, medical evidence, compensation issues and relevant court proceedings.