Have you or a loved one been harmed due to a doctor’s mistake?
It’s a difficult and emotional experience, but you’re not powerless. If a healthcare provider’s negligence caused you injury or worsened your condition, you may be eligible to file a medical malpractice claim.
Understanding your rights and the process is key to getting justice and possibly compensation. In this guide, we’ll walk you through how to file a medical malpractice claim, whom to contact, what evidence you need, and what impact such claims may have on healthcare providers.
What Is a Medical Malpractice Claim?
A medical malpractice claim arises when a patient is harmed because a doctor or healthcare provider failed to meet the accepted standard of care.
This isn’t about being unhappy with a diagnosis or treatment that didn’t work. Malpractice occurs when a clear medical error results in physical, emotional, or financial harm.
While not every medical complication is considered malpractice, there are certain common errors that frequently lead to legal action. We recommend that you choose the best lawyers in Dubai to help you throughout the process.
Misdiagnosis or Delayed Diagnosis
One of the most common grounds for a malpractice claim is when a doctor misdiagnoses a condition or delays the correct diagnosis. This can result in the patient receiving the wrong treatment, or no treatment at all, causing the condition to worsen.
For example, missing a cancer diagnosis in its early stages may lead to serious long-term consequences that could have been avoided with timely intervention.
Surgical Errors
Surgical procedures always carry risk, but when those risks result from avoidable mistakes, they may be grounds for a medical malpractice claim.
Common surgical errors include operating on the wrong body part, leaving surgical instruments inside the body, or failing to properly monitor the patient during and after surgery. These mistakes can lead to infection, organ damage, or permanent disability.
Medication Mistakes
Medication errors involve prescribing the wrong drug, incorrect dosages, or overlooking harmful drug interactions. In some cases, a nurse may administer the wrong medication, or a doctor may fail to check a patient’s allergy history.
These errors can cause serious harm, especially when the medication impacts heart rate, breathing, or immune responses. Patients who suffer from such negligence often have valid grounds to claim medical malpractice.
Inadequate Follow-Up or Aftercare
Treatment doesn’t end when a surgery or consultation is over. Doctors and healthcare providers are expected to monitor a patient’s recovery and respond to complications.
When a doctor fails to provide adequate aftercare, such as ignoring post-surgical symptoms or skipping follow-up appointments, serious harm can result. A lack of monitoring can lead to infections, blood clots, or untreated internal injuries.
Failure to Obtain Informed Consent
Before any medical procedure, patients have the right to know the risks, benefits, and alternative treatment options. When a doctor performs a procedure without the patient’s full understanding or consent, this is a breach of ethical and legal responsibility.
Even if the outcome isn’t harmful, the lack of informed consent can still justify a medical malpractice claim, especially if complications occur that were not disclosed.
If you believe you’ve experienced any of these, you have the right to claim for medical malpractice.
Can I File a Medical Malpractice Claim Myself?
Many people ask: “Can I file a medical malpractice claim myself?” The short answer is yes, you can initiate the complaint without a lawyer. However, the process can be complex and involves legal, medical, and procedural knowledge.
You’ll need to present clear evidence, medical records, expert opinions, and follow specific steps set by UAE authorities. Having a legal representative isn’t mandatory, but hiring a civil lawyer in Dubai greatly increases your chances of a fair and successful outcome.
A lawyer familiar with UAE health law can guide you, prepare your documents, and present your case effectively.
How to File a Medical Malpractice Claim in the UAE
If you’re wondering how to claim medical malpractice, the UAE offers a structured and regulated process. However, before you do anything, we recommend choosing the best lawyers in Dubai. Then, you can follow these steps:
Step 1: File a Complaint with the Health Authority
Your first step is to file a formal complaint with the health authority responsible for the medical facility. This could be Dubai Health Authority (DHA), Abu Dhabi Department of Health (DoH), and Ministry of Health and Prevention (MOHAP) for other emirates.
Include details about the medical facility, the treatment received, the doctor involved, and the harm caused. You must also attach medical reports and any supporting documents.
Step 2: Medical Liability Committee Review
Once the complaint is accepted, a Medical Liability Committee will review your case. This team of medical experts investigates whether a medical error occurred and if the doctor or facility failed in their duties.
They may request more documents, examine patient history, or interview the involved parties. Their findings play a critical role in determining whether the case moves forward as a malpractice claim.
Step 3: Legal Action or Settlement
If the committee finds evidence of malpractice, you can choose to pursue legal action through the courts or agree to a settlement. Your case may involve compensation for medical expenses, pain and suffering, lost income or ability to work, and long-term care needs.
You may also be required to appear in court and provide testimony. An experienced lawyer can help you build your case, represent your interests, and seek a fair judgment.
Does a Malpractice Claim Ruin a Doctor’s Career?
A common question is: Does a malpractice claim ruin a career? Not necessarily, but it can have serious consequences.
When the Medical Liability Committee investigates and confirms that malpractice has occurred, the impact on the healthcare provider can be serious.
A verified medical malpractice claim not only opens the door for patient compensation but also triggers professional and legal consequences for the doctor involved.
License Suspension or Revocation
One of the most significant outcomes is the suspension or complete revocation of the doctor’s medical license. This means the physician may be prohibited from practicing for a specific period, or indefinitely, depending on the severity of the malpractice.
In cases involving gross negligence or repeated offenses, the healthcare provider may lose their license permanently.
Fines and Legal Penalties
The doctor or medical facility may be subject to heavy fines issued by the health authority or ordered by the court. These penalties are designed to hold medical professionals accountable and discourage future incidents.
In the UAE, such fines can be substantial, especially if the error resulted in long-term injury or loss of life.
Court Judgments and Compensation
If the patient chooses to pursue legal action following the Medical Liability Committee’s findings, the court may award compensation for damages. This can include reimbursement for medical expenses, lost wages, pain and suffering, and long-term care needs.
These malpractice claim judgments are legally enforceable and can have long-term financial effects on the doctor and their practice.
Damage to Professional Reputation
Beyond legal and financial consequences, a confirmed medical malpractice claim can seriously harm a doctor’s professional reputation.
News of such cases may spread through professional circles or even the public, making it difficult for the doctor to find future employment or maintain patient trust.
In some cases, doctors may be blacklisted from certain institutions or jurisdictions. So, if you were wondering, “Does malpractice claim ruin a career?” the answer is yes.
While the UAE healthcare system ensures doctors are protected against false claims, it also takes proven malpractice seriously to maintain high standards of care and patient safety.
For severe or repeated offenses, careers can be permanently affected. However, the system also protects doctors from false claims by requiring thorough investigation and proof.
The goal of a medical malpractice claim is not to destroy careers, but to protect patients and maintain high standards of care in the healthcare system.
Important Considerations Before You File
Before initiating a claim for medical malpractice, be sure to collect all your medical records and documentation and get a second medical opinion to support your claim.
Also, be aware that the process can take several months or longer, and understand that not all negative outcomes qualify as malpractice.
It’s also wise to consult with legal experts who understand how to file a medical malpractice claim properly in the UAE system.
Conclusion
While you can file a medical malpractice claim yourself, having legal support makes the process easier and more effective. A lawyer can assess if you have a strong case and help collect medical evidence and expert opinions.
In addition, the lawyer can represent you before health authorities and courts, and negotiate a fair settlement or pursue a judgment.
For trusted legal support, you can contact Ayesha Aljaziri Lawyers & Legal Consultants, who are experienced in handling malpractice and personal injury cases in the UAE. Reach us at +971 5594 83605 or email info@aljaziriadvocates.com to schedule a confidential consultation.
