Medical dereliction occurs when a healthcare practitioner neglects to deliver the anticipated level of care, leading to physical harm or injury to a patient. Legal procedures and penalties pertaining to medical negligence in the United Arab Emirates (UAE) are regulated by federal and emirate-specific legislation.
Aspects Crucial to a Case of Medical Negligence
1. The duty of care imposes a duty on healthcare practitioners to ensure that their patients receive care that is reasonable in nature.
2. Medical negligence happens when an employee of a healthcare organization violates their obligation to exercise reasonable care by neglecting to meet the anticipated level of care.
3. The patient’s injury must be directly attributable to the healthcare professional’s transgression of duty; this is known as “cause.”
4. Damages: It is necessary for the patient to have experienced harm or injury due to the medical negligence.
Consequences of Medical Negligence
Civil liability pertains to the legal recourse available to patients who have been harmed as a result of medical negligence. Such victims may initiate litigation to recover damages in the form of medical expenses, anguish and suffering, and lost income.
2. Professional Discipline: Healthcare practitioners convicted of medical negligence may be subject to disciplinary measures imposed by their respective professional regulatory organizations. This may result in the revocation or suspension of their professional license.
3. Criminal Liability: Medical professionals may be subject to criminal charges in extreme circumstances due to serious carelessness or intentional misconduct that results in severe injury or fatality.
Essential Legal Documents for a Victim to Keep
1. Medical records, in their comprehensive nature, serve as vital pieces of evidence. Detailed accounts of the treatments received, prescriptions filled, procedures executed, and complications should be provided.
2. Incident reports, which are submitted by healthcare personnel in the event of specific incidents or complications that occur during treatment, may hold significant value.
3. Photographic evidence can be utilized to support a case, specifically in cases involving injuries or complications.
4. The inclusion of witness statements, particularly those who observed the medical treatment or witnessed any adverse events, can provide significant value.
5. The utilization of expert opinions from fellow healthcare professionals specializing in the same domain may be considered in order to ascertain whether a violation of the standard of care occurred.
6. Communication Records: Documents documenting interactions between the patient and healthcare practitioners, such as written correspondence or electronic mail, may be crucial.
7. Invoices and Expenditures: Maintain comprehensive documentation of medical invoices, expenditures pertaining to the accident, and any reparative treatment-related costs.
Legal Procedures
1. Seeking the Opinion of an Attorney: In the event that medical negligence is suspected, it is prudent to seek the counsel of a legal expert specializing in medical malpractice in order to evaluate the strength and potential of your case.
2. Complaint to Regulatory Bodies: An inquiry into the healthcare provider’s professional conduct can be commenced by lodging a complaint with the appropriate healthcare regulatory bodies.
3. Civil Litigation: The proceedings for a civil litigation seeking compensation commence with the initiation of a court case. Legal counsel is indispensable throughout this procedure.
4. Criminal Complaint: An accusation of serious medical negligence may result in the filing of a criminal complaint with law enforcement.
Request a Free Consultation
