To better determine whether medical negligence has occurred or not, The UAE Federal Decree-Law No. (4) of 2016 has stated very clearly all the different types and examples of medical negligence that could be committed by a medical practitioner.

They also explained the responsibilities of a doctor, and what is exactly a “gross medical error”.
we are here to answer your questions about types of medical negligence and much more.

what is a medical error?

In order to be able to know whether you have been a victim of medical negligence, you must have a clear idea about the several examples that could be considered medical negligence or malpractice, and measure if your case is similar to those mentioned in the law.

A medical error is when a medical practitioner makes a mistake by not knowing the important medical technicalities that are relevant to his duties or don’t follow the proper procedures.
It’s also when he doesn’t deal with the patient’s cases with due diligence or handles his illness with carelessness and neglect.

Types of medical negligence

there are several types of medical negligence that we can categorize and classify to better understand the medical negligence law here in the UAE
1- a medical practitioner must not abstain from treating a patient nor should he force a treatment without the patient’s informed consent (except in cases of emergency) or perform unnecessary procedures.
2- The medical practitioner must also treat patients within the scoop of his specialty (also except in cases of emergency) and must not enter with treatments he is unfamiliar with without a proper cause.
3- He also must not use unauthorized or unorthodox treatments and procedures and must not prescribe a treatment without a proper examination first.
4- Also revealing patients’ secrets and breaking confidentiality can be considered neglect when not deemed necessary by the law in Dubai.
5- Also in the UAE a practitioner must not perform a clinical examination for someone of the opposite sex without the patient’s consent and a third party present.
6- A patient must not be kept in an unprepared or unfit place.

7- And finally a medical practitioner must not perform unnecessary sex change operations.

common examples of medical negligence

beyond all the legal terms and conditions, there are several cases in which medical negligence can occur, although these are the most common examples, one must not forget that a mistake must be made by the practitioner and not by the misuse of the patient or an unavoidable misfortune:

1- missing a key indicator causing a misdiagnosis

when a practitioner misreads a test, overlooks a symptom, or overall treats the patient with neglect, he can easily miss the signs of an illness or cause the administration of the wrong treatment

2- surgical errors

the human body has its holiness and sanctity which must not be compromised, allowing a surgent to open a loved one up is a responsibility that the practitioner must never take lightly,
sergeants must take extra care and be accurate, keep a clear head and stay sober always, and always take the necessary precautions as any mistake in surgery can lead to catastrophic results.

3- childbirth and infant care

our children are everything, and harming the life of a child will affect not just his/her life but the life of the parent as well. especially at a tender age when they can’t even express their emotions properly.
and the process of childbirth also holds a great responsibility s two lives hang in the balance and any negligence shall affect both the mother and the baby.

4- Anesthesia disasters

Anesthesia is a very delicate specialty as its required and all types of surgeries, and Anesthesiologists must always be precise with the dosage and administration to avoid mistakes that often lead to brain damage or death.

5- wrong treatments

in many cases of medical neglect the practitioner could diagnose the illness correctly yet fails to administrate the proper treatments, in many cases, doctors prescribe unhelpful or useless medications.

sometimes doctors could even describe medications that make things even worse like administrating a drug that the patient is allergic to or prescribing conflicted medications.

what is A “Gross medical error”?

A “Gross medical error” has been identified as When a death of a person (or an embryo) or the loss of an organ or a body function or any other severe damage has occurred as a result of Ignorance of recognized principles in medicine.

it also occurs when a deviation from the usual medical practices without justification and using a medically unorthodox method.
its criteria can be met where there is Severe neglect, or performing medical duties intoxicated (drugs, alcohol) or even practicing out of the scope of the specialization and without proper supervision.

real-life examples of medical negligence

courts are struggling to meet the deadlines on some medical negligence cases due to the rising number of claims and lawsuits regarding malpractice.

to name a few, a case where a man’s colon got perforate due to a surgical mistake led the court to reward him with 250,00 AED for physical and moral damages.
as he went to a surgical center to receive a hernia surgery at the center where it was later discovered that the doctor didn’t take enough caution when performing the hernia repair surgery.

another example is a 24 years old woman who had a rapid drop in her blood pressure during a nasal surgery to correct breathing, which led to cardiac arrest and brain damage.
Dubai’s courts ruled to close and fine the surgical center for 300,000 AED, also 3 doctors were sentenced to 1 year in jail and the prosecution is asking for more jail time.

one famous case is when an anesthesiologist made a gross mistake estimating the amount of anesthetic leading a 12 years old boy to be paralyzed, the boy’s family was compensated with a total amount of 7 million AED.

you can find everything you need to know about medical negligence law Here
read all about this law in Dubai.