UAE | Government
Federal council gives green light to medical liability draft law
A medical liability draft law defining negligence, malpractice and mismanagement for the healthcare sector was passed by the Federal National Council (FNC) on Tuesday.
- By Samir Salama, Associate Editor
- Published: 17:00 April 9, 2008
Abu Dhabi: A medical liability draft law defining negligence, malpractice and mismanagement for the healthcare sector was passed by the Federal National Council (FNC) on Tuesday.
The draft law bans all human cloning, both reproductive and therapeutic. Medical experiments on humans are also banned unless a permit is obtained from the authorities, according to the law.
The illegal practice of cloning will be penalised with a prison term of up to five years or a fine of up to Dh500,000 or both.
The draft law, which requires the approval of the Cabinet and the President's signature to be enacted, also bans ending the life of patients for any reason and even on request from the patient or their custodian or guardian.
Without the consent of patients, doctors are prohibited from treating or performing surgery on them. Medical emergencies and unconscious people are exceptions to this rule but the situation must be life-threatening and the disease must be infectious or endanger public health.
Any medical procedure done without consent and outside of an emergency situation could engage liability under this law.
The law states that invitro fertilisation and other reproductive technology are only allowed between legally married couples, during their marriage and after written consent is obtained.
"Reproduction and family planning techniques may not be performed unless written consent is obtained from the couples."
According to the law, abortion is permitted only if the foetus, which is not older than 120 days, is extremely deformed in an incurable way and that pregnancy is life-threatening for the woman. Violators of this rule will receive a jail term of not more than three months or a fine of not less than Dh50,000 and not over Dh100,000 or both.
Under the law, doctors are bound to exercise a degree of care and skill which could reasonably be expected of a prudent practitioner of the same experience and standing. The law states an error of judgment may be negligent if it is one that would not have been made by a reasonably competent professional.
It prohibits doctors from practicing their profession in the country without being insured against medical liability. A minimum of 80 per cent of the insurance premium will be borne by the hospitals and clinics while the remaining 20 per cent will be borne by doctors.
The law authorises the Cabinet to form a higher committee for medical liability including members from the Ministry of Health, Ministry of Justice, Abu Dhabi Health Authority, Dubai Health Authority, the Faculty of Medicine and Health Sciences at the UAE University, the UAE Medical Society and the private medical sector.
The committee will, on request, report to the prosecution and the court on any medical error.
On request from the authorities, the Minister of Health may suspend doctors and other medical technicians involved in medical errors for 30 days, renewable for similar periods by the authorities.
It also establishes licensing criteria for doctors, nurses and other staff, and lists their responsibilities.
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