A cabinet resolution was passed in November 2019, namely, Cabinet Resolution No 40 of 2019. The main focal point of the same was to expand the already existing Federal Law no. 4 of 2016, which was concerned with the Medical liability. The resolution was passed in order to clarify the issued faced by Medical Liability lawyers in Dubai while addressing the provisions of Medical Liability law during its practice.

The very first amendment provided for the concept of “ gross error”. Before the law of 2016 came into force, a practitioner who committed any kind of error was criminally liable. But with the advent of the law as well as the regulation, the definition of the term “gross medical error” is inclusive of only those Practitioners who have actually committed a gross error and not just any error.

The regulation provides a clear view for all the ambiguities faced with respect to the term “gross errors”. There is a list of seven malpractices on the part of the practitioner under Article 5 of the regulation which will frame out to be a “ Gross Error”. further, the article also provides that the Medical Liability Committee and the Supreme Committee of Medical Liability enjoys the power to examine all complaint related to the medical error. During exercise of such power, they will have to identify the following: firstly, the criteria upon which they have regarded the malpractice as the gross error and secondly to identify the damage caused by the error.

Changes brought by the New Law

In addition to this, the resolution has provided for the Medical Liability Committee under Article 9 to 15. It provides that at every health authority or any federal authority that is concerned with the health affairs will constitute a Committee which shall be inclusive of physicians and specialists who will be chosen by the health authority. The committee shall be formed with the help of the resolution passed by the Health Authority, under which the chairman of the committee and other memberships will also be appointed.

Under the same resolution, a power will vest with the committee to establish one or more technical committees who will be responsible for the administrative task of the committee. This committee will be inclusive of the specialist physicians who will be giving opinion on the files

Under article 11, the committee will have to follow a certain procedure to convene a meeting and the procedure to issue an opinion is also provided for. The meeting is called upon by the invitation of the chairman or his deputy in his absence. The criteria for the  quorum of the meeting is the presence of two third members of the committee along with the chairman or his deputy. The decision is based on the majority of vote of members present in the committee

Article 12 provides with the restrictions upon the members of the committee such as:

• A member of the meeting shall not be a relative party to the person accused
• A member should not be the part of the meeting if he works under the person accused.
• If the member has been consulted by the same patient for the same treatment
• If there is any other relationship present with subject to the members of the committee, where there will be conflict of interest.

Further, article 15 deals with the delivery of reports that are prepared by the committee. It vests a duty over the health authority to pass on the copy of the report to all the parties of the case. Not only this, there are certain obligations and rules, which have to be followed by the practitioners during the Medical services under section 2. It will in turn make sure that the chances of committing a gross error are reduced. Similarly, article 3 also provides with the rules which one must follow before undertaking surgery. The surgery as mentioned in article 3 includes Chemotherapy, radiotherapy as well as other therapies named by the Medical Authority for this purpose.

Lastly, Article 18 mentions the disciplinary actions, in case where the rules provided in the regulation are not complied with. It also provides for punishments in case the order of the medical liability committee is not complied with.