New Precedent Establishes that Findings of the Higher Committee for Medical Liability Are Subject to Judicial Review

Background
Historically, it has been widely understood that medical reports issued by the Higher Committee for Medical Liability (“HCML”) were final and not subject to appeal before any authority. This interpretation was based on Article 21 of the Federal Medical Liability Law No. 4 of 2016, which designates the HCML as the highest committee responsible for reviewing appeals from lower medical liability committees’ reports, explicitly stating that HCML reports cannot be challenged before any authority. For years, once the HCML issued a report, its outcome was generally considered binding and final.

Recent Federal Supreme Court Ruling

In a landmark recent decision that indicates a significant legal shift, the UAE’s Federal Supreme Court has established a new precedent which categorizes HCML reports and findings as akin to final administrative decisions issued by governmental bodies (the “New Precedent”). The New Precedent asserts that HCML’s reports can be challenged through the judicial review process, on grounds such as jurisdiction, procedural irregularities, cause, and purpose. This development marks a major departure from the long-standing view that HCML’s reports were immune from judicial scrutiny.

Implications of the New Precedent

The New Precedent carries significant legal implications and reshapes the medical liability landscape in the UAE. By treating HCML reports as akin to administrative decisions, the New Precedent has opened a new avenue for judicial challenges against the HCML’s reports. Litigants may now challenge HCML’s findings by filing a claim before federal courts seeking the cancellation of these findings. The New Precedent also permits the court to refer a challenge against HCML’s finding to a panel of experts for further technical evaluation, particularly when reassessing the medical error and its severity.

What This Means for You

Stakeholders in the medical liability field — whether healthcare providers, medical practitioners, insurers, or patients — should take note of this new opportunity to contest HCML reports. The New Precedent opens the possibility of judicial challenges, which may influence both ongoing and future cases. Affected parties should factor in this development when assessing their legal options, especially where procedural irregularities or the accuracy of the HCML’s findings are in question. Complexities may arise depending on the circumstances of each case, such as when decisions are made by local medical liability committees and become final without appeal to the HCML. Stakeholders should seek legal advice tailored to their specific situation.

If you are having any queries related to the New Precedent and its implications, please feel free to contact Ahmed Allouz, Mosaab Aly and Amro Hassan.