Date of Award
Master of Judicial Studies (MJS)
د. علاء لدين عبد الله الخصاونه
د أسامة أحمد بدر
د. بشار طلال المومني
The purpose of this study is to identify the medical error in the light of the provisions of the civil laws and the basic principles established by the jurisprudence and the law in order to assess the medical error and the extent of entitlement to compensation and the amount of this compensation in the light of the discretionary power of the judge.
The most important conclusion of the study is that medical responsibility in UAE legislation is often a tort liability, although there is a contractual relationship between the patient and the health establishment. And that in some cases the obligation of the doctor is an obligation to care and in some cases to achieve an objective.
The judiciary in the UAE takes the objective criterion for measuring the error of the doctor. The middle doctor is the standard of measurement of medical error with the requirement that it be surrounded by conditions similar to the conditions of the physician in charge.
Medical liability insurance is a binding condition for the practice of medicine. A doctor can only start practicing his profession after signing a civil liability insurance contract with a licensed insurance company.
The study reached a number of recommendations, most important of which is the necessity of assigning a medical liability authority, which is used before making claims to indicate the amount of damage and causality, to reduce the burden on the courts, and have the authority to assess the damage and causality and the value of compensation.
عبد الغني, خلود هشام خليل, "الخطأ الطبي: دراسة في قانون المسؤولية الطبية الإماراتي لسنة 2016" (2017). Private Law Theses. 1.