The UAE government has recently announced new laws related to medical malpractice cases. Nonetheless, the new rulings come at a time when the previous medical malpractice verdicts were unchallengeable and unquestionable. This was a huge change to the current laws. It has allowed a new sight to the current principle regarding medical liability cases. Another aspect is given to the medical malpractice cases in the UAE with the new rulings.
What are the changes
The exemplary changes to the law were passed by the Federal Supreme Court of UAE. The most significant ruling brings vast changes to judicial decision-making in Emirates. The judicial reviews were passed by the higher medical liability committee. This ruling was issued in Beginning of August. It was initiated by the Federal Supreme Court of UAE. The new ruling allowed the UAE courts to challenge the verdicts of medical malpractices and medical liability cases. Moreover, the legal proceedings over medical malpractices can also be challenged. It also permits any medical findings by the higher medical liability committee to be challenged in the Federal Supreme Court of UAE. In the past, this facility was not available, and the previous judgments were challengeable.
What is the leverage
This leverage was given in case to determine the medical error or mistake that may have occurred in medical malpractice cases. In addition, it also allows the findings to assess the extent of the error committed by the physician’s liability.
Professional Lawyers
The prolific and professional lawyers of the UAE have highlighted the need for this development. As per the new ruling, the previous decisions can be challenged and appeals can be made. It is warmly welcomed by the lawyers in the UAE. We are the most professional lawyers in United Arab Emirates, and you can search us with the name of Dubai Lawyers or Lawyers in Dubai etc. Previously, the judgments by the Higher Medical Liability Committee were final and cannot be challenged whatsoever.
Historic Move
The historic move allows flexibility. The committee judgments are now open to appeal to the courts. Furthermore, it allows the defendants to challenge the rulings passed by the committee of medical professionals and practitioners. With this new ruling, a lot has changed. Now the possibility of medical error and physician mistakes has also accounted for.
Committee Determination
The committee’s determination about the medical liability was final but now the change has been made. There is no possibility in the previous judgment about the judicial review. Additionally, the court of UAE has shown flexibility and granted the defendant the right to contest the final verdict. The findings of the committee in administrative courts can be appealed. If you need additional info about committee and its findings then you can consult us directly. We have a top team of lawyers in Dubai. Our lawyer in Dubai is not just educated, experienced and talented, he does have the communication skills too. However, this expands the judicial oversight which was not questionable in the past. The medical malpractice cases are now open for contest.
Legal Proceedings
Furthermore, as for the legal proceedings, the court may appoint a new medical committee. The new committee is taken on board to reassess the incident. Nonetheless, the committee would be assigned a task to review the entire details and information regarding the case.
Higher Medical Liability
The higher medical liability committee is also responsive to verify the accuracy of the previous findings. They will work to determine the mistakes or errors in the medical malpractice findings. In addition, the new committee will also work on determining the initial conclusions drawn. Every aspect will be analyzed in depth. For it, all the facts and aspects are taken into account to assess the situation and the final conclusions.
Assessment of Medical Malpractice
The reassessment of medical malpractices is done following the recent rulings. However, the reassessment may lead to the confirmation of the previous judgment. It is not necessary that the ruling get changed.
However, in many cases, the reassessment will uncover the discrepancies and loopholes. Those discrepancies may alter the outcome of the case. This gives an assurance that through examination of the medical treatment proves to be fruitful.
Great help in decision making
Furthermore, this leverage according to the recent development will strengthen the UAE legal structure. It offers a greater level of scrutiny to the decisions made by the higher medical liability committee. Previously unassailable judgments will be challenged. This offers fairgrounds for legal proceedings. It also scrutinizes the previous decision that may have missed certain aspects. It will involve all the parties in the process for a clear and transparent legal procedure.
Based on Previous Ruling: Lets discuss again
According to the previous ruling, the higher medical liability committee was given undue and extensive power in medical malpractice cases. In the recent changes, the committee’s authority has been restricted by making them answerable for their judgments. Previously the committee decisions and verdicts were not open to judicial challenge which was questionable. Therefore, it can be said that this has broadened the legal aspect and allowed for fair, clear, and transparent legal proceedings in medical malpractice cases.
With new rulings no administrative act is completely shielded from judicial oversight like before. This decision has promoted the concept of equality. Now medical professionals, practitioners, and patients both enjoy the right appeal. The committee’s findings can be challenged by any party.
Ending Note
This has fostered a great platform for accountability and open horizons for justice to be served while handling medical liability cases in the UAE. The doors for appeal have been opened by the Federal Supreme Court of UAE after this recent development became effective. The right to appeal will offer greater confidence in the UAE legal framework. Moreover, it will strengthen the legal structure of the UAE in medical liability cases. A knowledgeable and well-versed lawyer of the UAE has considered this recent ruling as a breeze of fresh air for the judicial system of UAE. This will allow justice to prevail in its true essence. However, it also considers it as the victory of the judicial system of UAE by allowing people to question the verdicts by committee. In the past, higher medical liability committees had undue authority to give away rulings that were neither questionable nor appealed. With this change, the legal procedure has evolved. Now the people of UAE will regain their trust in the UAE judicial system. The general public will be able to place their confidence in the judicial system of the country. Besides, people will hope for a fair outcome and have faith that justice will prevail in its true sense.