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Find out moreThe first Law Update of 2024 is here, and our first focus of the year spotlights Healthcare and Lifesciences, a sector that is undergoing significant growth and development across the MENA region.
Our focus provides an insight into some of the most important regulatory updates across the region, such as the UAE’s groundbreaking law on the use of human genome, Kuwait’s resolution on nuclear and radioactive materials, the new regulations for healthcare services in Qatar, Egypt’s healthcare regulatory framework, and the impact of the Saudi Civil Transactions Law on the healthcare and life sciences sector … and there is so much more!
Beyond the healthcare pages our lawyers share with you multi-sector insights where you will discover articles on Dubai’s DIFC regulatory framework for startups, Bahrain’s commercial agencies law, and we also shed light on Kuwaiti civil code and the advantages of setting up a joint stock company in Saudi Arabia.
Read the full editionThe new UAE Cabinet Resolution no. 40 of 2019 (“Resolution”) provides necessary additional details to implement the provisions of the Medical Liability Law (Federal Law Decree No (4) of 2016 concerning medical liability), with regard to:
Herein, we highlight a few of the key provisions.
The new Resolution sets out the circumstances in which it is considered that a medical practitioner (for example, a physician) has committed a “gross medical error”. Article 5 of the Resolution states:
Medical error is considered to be “gross” if it causes the patient or the fetus death, amputation of a body limb, loss of the body part function, or any other gross damage, in addition to the existence of any of the following factors, as a result of which the medical error is committed:
Prior to the issuance of the Medical Liability Law, physicians who were determined to have committed any malpractice were also potentially liable for criminal medical negligence. After the issuance of the Medical Liability law and Resolution, which includes the definition of gross medical error, only those physicians who are determined to have committed “gross negligence”, and not merely “negligence”, can be held liable for criminal medical negligence.
The Resolution also sets out the terms and conditions of providing remote health services. This clarification of the law has been eagerly awaited. The key definitions of “Remote Health Services” as per the Resolution are as follows:
Of key importance is that this Resolution provides necessary additional details regarding how the provisions of the Medical Liability Law (Federal Law No (4) of 2016) should be implemented. In particular, the Resolution helpfully sets out the circumstances in which a physician has committed “gross negligence” and, hence, may be criminally liable. We anticipate that this will decrease the number of complaints related to medical errors referred to the criminal courts.
Should you require any advice concerning medical errors or to obtain clarifications concerning the Resolution or the Medical Liability Law, we would be happy to assist. In a forthcoming Law Update article, we will expand upon this development.
Ahmed Allouz
Partner, Head of Litigation – Dubai
a.allouz@tamimi.com
Mohamed Al Marzouqi
Partner, Head of Litigation – Abu Dhabi
m.almarzouqi@tamimi.com
Andrea Tithecott
Partner, Head of Regulatory and Healthcare
a.tithecott@tamimi.com
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