How Attorneys in Dubai Can Help or Defend Against Medical Malpractice
by Sumona Legal 23 March 2022
It is not uncommon for physicians and other medical professionals to be sued for malpractices in the United Arab Emirates.
This article serves as a practical resource to guide you navigate the jungle of uninvited malpractice litigation.
Can Doctors Protect Themselves Against Medical Malpractice?
The outright answer is yes. You can always challenge a malpractice complaint filed against you by a client. Patients file malpractice lawsuits for different reasons. In some cases, the reasons are substantive, but in others, the claims are based on flimsy grounds.
While served with a notice of motion for a medical malpractice lawsuit, it is advisable that speak to professional defense lawyers. A good lawyer will advise you on the most appropriate action & we recommend LawyersUAE for the same as LawyersUAE has the best criminal lawyers to provide you legal assistance.
What to Do When You Receive a Complaint
- Upon receiving the complaint, the first step should be to notify your insurance agent or company. When working with a self-insured group, make a point to contact the management without delay.
- Mark your calendar for effective follow-up and confirm that all the relevant paperwork is promptly handled by the insurance company, insurance agent, or risk management.
- Appropriately respond to the civil complaint to avoid triggering a default judgment. Your insurance company can jump ship, refuse to defend you, and decline any payments when they realize that you have been served a default judgment. A default judgment also means that you will not have a chance to defend yourself on whether you did something wrong or not.
Insurance contracts require that medical practitioners take specific steps prior to the initiation of a lawsuit. It is, therefore, important that you read through your policy. Failure to comply with your insurance policy requirements is considered a breach of contract, and that comes with stringent legal consequences.
What Do You Do to Prepare?
How you prepare for your defense will often determine its success. Below are some of the ways in which you prepare for a medical malpractice defense:
- Make sure you have gone through all medical literature prior to court attendance. It will benefit you when you appear as a professional in your field.
- Take time to go through all medical records related to the case. Showing the court that you are knowledgeable about the case’s specifics proves that you take your work seriously.
- Hire a seasoned professional defense lawyer who will advise you appropriately and speak on your behalf during court proceedings.
- Follow up with your attorney to make sure that they are up to date on new developments on your case.
- Make a point to seek emotional support from colleagues who have been sued in the past.
For most physicians, a malpractice lawsuit is a challenging emotional event. If you don’t take the necessary steps, it might end up hurting your personal and professional life. Therefore, it is advisable that you acquaint yourself with possible adverse effects on your emotional health and professional life.
The best thing is to remain calm and let the professionals (your lawyers and insurance representatives) do their work. In most cases, medical malpractice lawsuits are instigated without fault on the physician’s part.
How Lawyers Can Help or Defend Against Medical Malpractice
In the United Arabs Emirates, medical liability is governed under Federal Law No. 4 of 2016. Medical liability law in the UAE lays down important definitions, such as the definition of “gross medical error.”
Article 6 of the Dubai Medical Liability Law defines gross medical error as follows:
“A medical error is any error committed by a professional medical practitioner or any other related profession set by the Ministerial Resolution as defined by the Medical Liability Law, for any of the following reasons:
- Ignorance of technical issues that every practitioner should be aware of
- Failure to follow recognized medical and professional standards
- Failure to act with due diligence
- Negligence and failure to act carefully.”
The legal posturing of medical malpractice defendants differs significantly from that of plaintiffs. That notwithstanding, your lawyer plays a vital role in malpractice cases.
You hire a defense attorney to counter the testimony and statements provided by the plaintiff or their lawyers. Your lawyer walks in court armed with expert witness statements and ready to offer an opposing interpretation of the incidences in question.
Primarily, it’s your attorney’s job to prove that you did not deviate from the required standard of care when dealing with the complainant. In any civil case, the defense lawyer has several responsibilities, including:
- Advocating for and advising the accused
- Strategizing on the tone and information presented in the accused’s defense
- Researching the medical specifics of the claim
- Negotiating for the best possible deal for the client
In medical malpractice cases, the defense attorney at LawyersUAE is commissioned by the provider’s liability insurance company.