Medical Error
In light of the provisions of Federal Decree-Law No. (4) of 2016 on Medical Liability

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

The medical profession is regarded as one of the most noble and honorable human professions, given the great efforts made by healthcare practitioners to alleviate patients’ suffering, safeguard their health, and provide care and comfort.

However, since medical practitioners are human beings, they may, in the course of their work, commit certain medical errors—whether due to negligence, lack of sufficient diligence, or failure to adhere to professional standards. In such cases, they must bear responsibility for their actions. This accountability not only protects patients’ health and safety but also contributes to the development and integrity of the medical profession itself, ensuring that it fulfills its noble humanitarian mission.

Article (6) of Federal Decree-Law No. (4) of 2016 on Medical Liability defines a medical error as follows:

“A medical error is that which is committed by a practitioner as a result of any of the following:

• Ignorance of technical matters that every practitioner of the same degree and specialty is presumed to know;
• Failure to adhere to established professional and medical standards;
• Failure to exercise necessary care;
• Negligence or lack of caution and prudence.
  The Executive Regulations of this Decree-Law shall determine the criteria of gross medical error.”

When a practitioner commits a medical error, he incurs medical responsibility and civil liability, which may require him to pay compensation for the damage caused to the patient and refund any amounts paid for the medical service.

If, however, the medical error is considered gross (serious), the practitioner may also incur criminal liability. In such cases, the law provides for punishment by imprisonment for a period not exceeding one year and/or a fine not exceeding AED 200,000, or by either of these two penalties.

In summary, the UAE legislator, through Federal Decree-Law No. (4) of 2016, seeks to strike a fair balance between protecting patients’ rights and ensuring that medical professionals can perform their duties without undue fear of liability—so long as they adhere to the standards of skill, care, and diligence required by their noble profession.