Medical Negligence in the UAE: Laws and Regulations Governing Medical Practice

Medical practitioners form one of the most important professions in the world, and the UAE Government has enacted various legislations to regulate medical practice. Under Article 5 of Federal Decree Law No. 4 of 2016, doctors are restricted from certain activities, including treating patients without their consent, abstaining from treating patients in emergency cases, and performing physical examinations on patients of the opposite gender without the presence of a third party. The law also emphasizes the importance of confidentiality in the medical field, stating that doctors cannot disclose a patient's secrets without their consent, except in specific cases such as preventing an offense or protecting public health.

Key Takeaways:

• Doctors must not treat patients without their consent, except in emergency cases or if the patient suffers from a contagious illness that poses a threat to public health and safety.
• Doctors must not abstain from treating patients in emergency cases or drop out of treatment unless the patient has breached the instructions set by the doctor or the abstention or drop out are caused by reasons beyond the control of the doctor.
• Doctors must abstain from performing physical examinations on patients of the opposite gender without the presence of a third party and without the prior consent of the patient.
• The law emphasizes the importance of confidentiality in the medical field, stating that doctors cannot disclose a patient's secrets without their consent, except in specific cases.
• Article 8 of the Law states that surgical operations must be carried out by a qualified doctor, and all necessary tests and analysis must be carried out to ensure that the operation is necessary.
• Medical negligence under UAE law is defined as a result of ignorance of technical matters, failing to abide by recognized professional and medical rules, lack of due diligence, negligence, and failure to follow caution.
• Punishments for medical malpractice include imprisonment and fines, with penalties raised to two years' imprisonment and a maximum fine of AED 500,000 if the error causes death.

Statistics:

• Imprisonment for medical negligence can range from 1 to 2 years, depending on the severity of the error.
• Fines for medical negligence can range from AED 200,000 to AED 500,000, depending on the severity of the error.
• The law provides a unique form of reconciliation and a path to recovery for a doctor who may have committed a medical error, which may involve reconciling with the victim and terminating criminal proceedings.
• Reconciliation will not stop the aggrieved party from being able to resort to civil courts to claim compensation.

Sources:

• Federal Decree Law No. 4 of 2016 on Medical Liability
• Cabinet Decision No. 40/2019 on the Implementing Regulation of Federal Decree-Law No. 4/2016 on medical liability
• Article by Dr. Hassan Elhais, published on Mondaq Ltd, 2025.