Healthcare is a key focus for Al Tamimi reflecting the current growth of the sector in the MENA region. Our healthcare team, the largest in the region, comprises partners and associates drawn from all of our relevant specialist practice areas, including Corporate M&A; Commercial; Litigation; Arbitration; Regulatory; Technology, Media, & Telecommunications; Employment & Incentives; Insurance; Intellectual Property; Real Estate; and Construction & Infrastructure. As such, we provide a comprehensive legal service to all those involved in the healthcare industry.

We have a wealth of experience advising major healthcare service providers, government entities, insurance providers, private equity firms specialising in healthcare investments, health IT companies, private and public developers of healthcare facilities, medical research institutes, medical equipment, and pharmaceutical manufacturers and distributors, and medical practitioners.

Our healthcare sector group operates on a regional basis across our offices in the GCC and wider Middle East region.

Regulatory

In particular, we advise on all regulatory aspects of healthcare, something that few law firms have the capability to do in the in the region. Our regulatory expertise includes advising on the following in the healthcare sector:

• Accreditation requirements;
• Analysis of regional regulation and ministerial guidance;
• Clinical research;
• Do not resuscitate (“DNR”) orders and withdrawal of life-sustaining treatment procedures;
• Regulatory due diligence on M&A transactions;
• Ethical standards and codes of practice;
• Facility policies and procedures;
• Governance including the development of organisational by-laws, governance frameworks, and policies;
• Licensing;
• Legislative compliance;
• Legal screens;
• Medical products importation patient confidentiality;
• Organ donation;
• Pharmaceutical and medical device registrations;
• Pharmacovigilance requirements;
• Practitioner licensing and qualifications verification;
• Practitioner and nursing scope of practice; and
• Telemedicine

Our expertise also covers a wide-ranging offering of other healthcare industry-specific legal services.

Banking & Finance

• Acting for corporations on Islamic and conventional financing arrangements; acting in relation to investment funds and structures; acting for corporations on relation to real estate and equipment financing; acting in relation to project related finance; advising on a wide range of equity capital markets transactions, structured finance, and securitisation

Commercial

• Negotiating and drafting various commercial agreements, namely: outsourcing contracts; licensing agreement; supply and distribution agreements; franchising agreements; service contracts; clinical research agreements; and public sector contracts.

Corporate and Finance

• Advising on incorporation and licensing requirements and processes; ownership restrictions; corporate structuring; incorporation and licensing; partnership and joint venture arrangements; development and project finance; equity and capital investment; REITs; and fund incorporation and management.

Construction and Infrastructure

• Drafting and negotiating project/concession agreements, construction contracts, and operations and facilities management contracts; advising on dispute avoidance strategies; and assisting with procurement policies, procedures, and documentation.

Dispute Resolution and Medical Malpractice

• Representation on all matters of litigation, arbitration, mediation, dispute avoidance, and risk management;  advising medical establishments and physicians in relation to complaints filed by patients before the Ministry of Health and Prevention, Dubai Health Authority, and Dubai Healthcare City.

Employment

• Advising on recruitment and termination of staff at all levels; service agreements and contracts of employment; employee handbooks and company policies and procedures; and disciplinary, dismissal, and grievance procedures.

Insurance

• Advising on policies covering a wide range of risk including life, health, directors and officers,  professional liability, corporate liability, financial institutions, electronic and computer crime, banker’s blanket bond, public liability, product liability, property, construction risks and employment; structuring options available to allow companies to operate in the regional market; compliance advice; reinsurance to assist foreign insurers in obtaining new business in the region; and licensing requirements.

Intellectual Property

• Managing trademark portfolios for pharmaceutical companies, including advising on the appropriate classification of protection and the acceptable terminology by trademark offices for various word marks; patent advisory and prosecution services from the inception of the idea through to management of patent portfolios; assisting with recognition and enforcement of data exclusivity and marketing rights; challenging market approval registrations with health authorities based on intellectual property rights and international agreements; and carrying out anti-counterfeiting actions through customs, enforcement agencies and through criminal prosecution.

Real Estate

• Advising on all real estate matters, including legal due diligence; sale and acquisition agreements; ground development leases; occupational leases; facilities management and property management agreements; and sale and leaseback structures.

Technology, Media & Telecommunications

• Advising on technology licensing, procurement, project management, and governance; data protection in the context of computer systems and patient information; design, implementation, and maintenance of core computer systems; as well as compliance with healthcare advertising regulations.