Legal Framework of Medical Liability Jana Krok LL

Legal Framework of Medical Liability Jana Krok, LL. M. STROHAL LEGAL GROUP

Sources of Law n n n General Laws like Islamic Sharia Law, Civil Code, Penal Code etc. Federal Law No (7) of 1975 Concerning the Practice of Human Medicine Federal Law No (5) of 1984 Concerning the Practice of some Medical Professions by Persons other than Physicians and Pharmacists Federal Law No (2) of 1996 Concerning Private Health Facilities Federal Law No. (10) of 2008 Concerning Medical Liability

Federal Law No (7) of 1975 Concerning the Practice of Human Medicine “No person shall practice the profession of human medicine in companies, clinics, private hospitals, or private establishments or facilities in the United Arab Emirates unless he is licensed to practice this profession by, and is registered with, the Ministry of Health in accordance with this Law. ” Health Professional Categories: n Physicians n Dentistry n Pharmacy n Nursing / Midwifery n Allied Health

Law No (5) of 1984 Concerning the Practice of some Medical Professions by Persons other than Physicians and Pharmacists License also needed for: n Laboratory n Imaging (examination and treatment) n Physiotherapy n Optical (manufacturing and fitting) n Audiology and Phonetics n Anesthesia n Nutrition n Ventilators n Nuclear medicine n Orthotics etc.

License – required documents example of HAAD Educational qualifications Experience certificates Cover the minimum requirements of the Professional Qualification Requirement If applicant holds diploma or less, attaching high school certificate is required Cover the minimum requirements of the Professional Qualification Requirement To show the job title and duration To be signed by the human resources or Medical/Hospital director Home country license or license from the country where the Cover the minimum requirements of the Professional Qualification relevant qualification was obtained Requirement Registration(s) or License(s) from each country where applicant Cover the minimum requirements of the Professional Qualification have been employed Requirement Certificate(s) of Good Standing From the regulatory authority issuing the licenses (registrations) for experiences that cover the minimum requirements of the PQR Official logbook for the past 2 years For surgeons (including Obstetrics & Gynecology) and dentist specialists Transcript or residency programs May be required for evaluating the qualification Staff Data clearance form (Security clearance form) Applicant can start the process without Staff Data form, but it will be mandatory before license issuance Nomination letter (from sponsoring facility in Abu Dhabi) Applicant can start the process without Nomination letter, but it will be mandatory before license issuance Malpractice insurance for healthcare professionals Applicant can start the process without Malpractice, but it will be mandatory before license issuance Privileges for the last 2 years Required from Physicians eligible for HAAD exam exemption Privileges from the sponsoring facility in Abu Dhabi Required from Physicians eligible for HAAD exam exemption

Law No (2) of 1996 Concerning Private Health Facilities n n n Hospital: General Hospital, Specialized Hospital, Nursing Home etc. Clinic: General Clinic, General Dental Clinic, School Clinic etc. Day Care Surgery Centre: Medical Center, Dental Center Diagnostic Centre Rehabilitation Centre (Optical Shop, Audiometric Shop, Prosthetic & Orthotics, Dental Laboratory, Physiotherapy) Dialysis Center Fertilization Center Mobile Health Unit Traditional Complementary and Alternative Medicine (TCAM) Practitioners (Acupuncture, Chiropractic's, Homeopathy, TCM (Traditional Chinese Medicine), Ayurveda etc. Provision of Health Service (Healthcare Management, Medical Staff, Home Care Services, Vehicle Ambulance etc. ) Pharmacy Establishment (Out-Patient Pharmacy, In-Patient Pharmacy, Drug Store (Medical Store), Drug Manufacture (Medical Factory), Scientific Office etc.

Federal Law No. (10) of 2008 Concerning Medical Liability n n Accurate and Honest Performance, Article 3: Individuals practicing medical professions in the UAE shall perform their duties accurately, honesty and in accordance with the recognized scientific and technical principles to provide the necessary care for patients, in addition they shall not make use of the patients' needs for illegal benefit to themselves or others and without discrimination between patients. Medical Malpractice Liability Insurance, Article 25: It is prohibited to practice a medical profession without procuring medical malpractice insurance with any licensed insurance companies, generally done by the owner of the health facility.

Federal Law No. (10) of 2008 Concerning Medical Liability n n No Sterilization, Article 13: No act or interference relating to birth control shall be carried out without the request or the consent of the spouses, nor any act or intervention related to women sterilization shall be made without the proper advice of a specialized medical committee consisting of not less than three physicians agreed that there is a serious threat to the mother's life in case of pregnancy or delivery and after obtaining the wife's written consent and notifying the husband. No Abortion, Article 13: With the exception of the following cases, physicians are not allowed to perform any abortions or to prescribe anything that would lead to abortion: If the continuity of such pregnancy may threaten the pregnant woman's life or the fetus is suffering malformation (…)

Federal Law No. (10) of 2008 Concerning Medical Liability No Liability, Article 14: instances where doctors will not be held liable for medical negligence: n If the damage was sustained due to the action of the patient (i. e. refusing to receive treatment, failing to follow the medical instructions or due to an external cause). n If the physician followed a certain medical method which, although not the generally accepted method, is a method which followed recognized medical principles. n If the medical side effects and complications are known in the medical practice.

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