Medical Responsibility

What UAE Law Guarantees for Victims of Medical Errors

17 May 2026

Medical errors represent one of the most sensitive and impactful legal issues in people's lives, as they can lead to serious harm affecting human health and bodily integrity. With the expansion of health and cosmetic services in the United Arab Emirates, there is an urgent need to understand the legal framework governing this responsibility and ensuring that victims receive their full rights.

What does UAE law guarantee for victims of medical errors?

First: What is a medical error according to UAE law?

Federal Decree-Law No. (4) of 2016 regarding medical liability provides a precise definition of medical error, considering any act committed by a practitioner resulting from one of the following reasons:

Ignorance of the technical matters that every practitioner of the same degree and specialty is expected to be familiar with.

Failure to follow the professional and medical standards recognized in the field of practice.

Failure to exercise the necessary care required by the nature of the medical condition.

Negligence and failure to take adequate precautions during the practice of the profession.

⚠ Do these provisions include beauty salons and injection and laser centers?

Yes. The provisions of this decree-law apply to anyone practicing the medical profession or related professions in the country, which includes cosmetic centers performing medical procedures such as Botox injections, filler injections, laser treatments, and cosmetic surgeries.

Second: Patient rights before any medical or cosmetic procedure

The law guarantees the patient a set of essential rights before undergoing any procedure, which no practitioner may ignore or neglect:

Informed written consent

A written consent must be obtained from the adult patient before any surgical intervention or medical procedure, after informing them of the potential effects and complications. Anyone who has reached the age of eighteen is considered eligible to consent.

Full disclosure of the nature of the illness

The law guarantees the patient a number of essential rights before undergoing any procedure, which no practitioner may ignore or neglect:

Informed written consent

Full disclosure of the nature of the illness

The doctor is obliged to inform the patient about the nature of their illness, its severity, and the available treatment options, unless it is in the patient's best interest not to do so or their mental state does not permit it.

Necessary tests before surgery

The law requires conducting tests and laboratory analyses to ensure that the surgical intervention is necessary and appropriate and that the health condition allows for it.

Complete confidentiality of medical information

The doctor is prohibited from disclosing the patient's secrets that they learned while practicing their profession except in the exceptional cases specified by law.

Presence of a third party during examination

Clinical examination of a patient of the opposite gender is prohibited without the presence of a third party and prior consent from the patient, except in cases of extreme necessity.

Refusal of treatment and voluntary discharge

A fully competent patient has the right to refuse treatment or request discharge despite medical advice, provided they sign a written acknowledgment of responsibility.

Third: Practical examples of medical malpractice cases

Cosmetic procedure — Injections

Injecting cosmetic substances in an unlicensed center resulting in permanent disfigurement

A patient underwent filler injections in the facial area without prior examination or obtaining written consent, and by an unqualified person. The procedure resulted in facial disfigurement and chronic pain.

⚖This constitutes a serious medical error according to Article (6), requiring civil compensation and may entail criminal liability under Article (34).

Surgical error — Hospital

Performing surgery without the patient's consent or necessary tests

A doctor performed surgery without obtaining prior written consent and without conducting the required diagnostic tests, leading to severe health complications that would not have occurred had professional protocols been followed.

⚖A clear violation of Article (8), establishing civil and criminal liability for the doctor and the facility.

Medical negligence — Clinic

Neglecting to follow up with the patient after surgery and failing to monitor complications

A doctor performed a medical procedure but neglected to follow up with the patient, did not inform them of potential complications, and failed to take immediate action upon their emergence, leading to a worsening of the health condition.

⚖Breach of obligations under Article (4) related to necessary care, monitoring complications, and initiating treatment.

Cosmetic — Eyewear injections

The application of a cosmetic visual procedure partially impaired vision.

A beauty center performed eyewear injections without a medical evaluation of the eye or verifying the appropriateness of the procedure, resulting in impaired vision and chronic side effects.

⚖The center bears full responsibility based on Article (6), and the affected party has the right to claim compensation through the Medical Liability Committee.

Fourth: Comparison between civil liability and criminal liability

Point of comparison	Civil liability	Criminal liability
Objective	Compensation for damages and indemnification of the affected party	Punishment and general deterrence
Who initiates it	The affected party or their relatives before the civil court	The public prosecution or a report from the affected party
Prerequisite	Issuance of a report by the Medical Liability Committee	Issuance of a final medical report confirming gross negligence
Outcome	Financial compensation for material and moral damages	Imprisonment and/or a financial fine according to Article (34)
Settlement	Does not waive the right to civil compensation	Terminates the criminal case and suspends the execution of the penalty
Responsible party	The doctor, the facility, and the insurance company	Practitioner personally

Fifth: Compensation for damages and deformities — full details

The compensation due to the affected party includes various types of damages assessed by the judiciary based on the Medical Liability Committee's report:

Physical damage and deformities

Compensation includes aesthetic deformities, permanent scars, and damage to organs. The committee determines the percentage of disability in the affected organ to estimate the compensation value.

Psychological and moral damage

The victim has the right to claim compensation for psychological pain, trauma, and loss of quality of life resulting from medical error and its complications.

Direct material damage

Includes necessary treatment expenses to correct the damage, future healthcare costs, and what the victim has spent due to the error.

Indirect material damage

Includes loss of income due to the victim's inability to work because of the damages caused by the medical error.

The role of the insurance company in compensation

Insurance companies legally replace healthcare facilities in fulfilling compensations. The facility owner is obligated to bear the full insurance premiums.

Facility's responsibility for the visiting doctor

The healthcare facility is responsible for compensating the victim for the visiting doctor's error while retaining the right to recourse against the perpetrator of the error.

Sixth: The complaint process and legal procedures step by step

Submitting the complaint to the health authority or public prosecution

The victim submits their complaint along with the medical file and evidence. The prosecution must refer it directly to the health authority for consideration.

Referring the complaint to the medical liability committee

A specialized expert committee of doctors from various specialties appointed by a decision from the minister or head of the health authority.

Issuing the committee's reasoned report

The committee prepares its report within 30 days with the possibility of extension. It includes determining the error, its severity, damages, and the percentage of disability.

Appeal to the higher committee (optional)

Either party may appeal within 30 days to the higher medical liability committee. Its decision is final and not subject to appeal.

Filing a compensation lawsuit in civil court

After the final report is issued, the victim has the right to file a civil lawsuit. It is only accepted after fulfilling the committee stages as per the law.

ℹ Mandatory procedural condition

Claims for compensation arising from medical liability are not accepted by the courts unless recourse is made to medical liability committees. Passing through this stage is not optional but a legal condition for the acceptance of the claim in form.

Seventh: Prescription and Legal Claim Periods

Type of Claim	Prescribed Period	Start of Prescription
Civil compensation claim for medical error	3 years	From the date the victim became aware of the damage and the responsible party
Maximum limit of prescription regardless of knowledge	15 years	From the date of the harmful act
Criminal claim (gross medical error)	Subject to the provisions of the Criminal Procedure Law	Varies depending on the type of crime and its penalty

⏱ Essential notice regarding prescription

Prescription is interrupted as soon as a complaint is filed with the health authority or the public prosecution. Promptly filing a complaint preserves your rights and interrupts the prescription period. It is advisable to contact a specialized lawyer as soon as the damage is discovered.

Eighth: When is medical liability not established?

If the damage is not due to causes of medical error specified by law in Article (6)

If the damage is due to the patient's own actions, refusal of treatment, or failure to follow medical instructions

If the doctor followed a medical approach different from his colleagues as long as it is consistent with accepted medical standards

If medical complications occurred that are recognized and not caused by proven medical error

Ninth: Legal penalties

Violation	Penalty
Gross medical error	Imprisonment for no more than one year and a fine not exceeding 200,000 dirhams or one of them
Gross medical error leading to death	Imprisonment for no more than two years and a fine not exceeding 500,000 dirhams or one of them
Gross error under the influence of intoxicants or narcotics	Imprisonment for no more than two years and a fine not exceeding one million dirhams
Conducting human cloning or experiments without permission	Imprisonment from two to five years and a fine from 200,000 to 500,000 dirhams
Ending the patient's life for any reason	A prison sentence of no less than ten years

Tenth: Frequently Asked Questions

Does the law cover cosmetic procedures in salons?

Yes, the provisions of the decree apply to anyone practicing the profession or related professions in the state. Any beauty center performing medical procedures such as Botox injections, fillers, glasses needles, or laser treatments is subject to this law, and full responsibility arises upon proving the error.

What if the doctor or center refuses to acknowledge the error?

The affected party has the right to file a complaint directly with the health authority or the public prosecution, and the medical liability committee will determine the occurrence and severity of the error independently and objectively, regardless of the doctor's or facility's position.

Can civil compensation and criminal penalties be combined?

Yes, criminal liability does not negate civil liability. Even if a settlement is reached in the criminal case, the affected party retains the full right to resort to civil court to claim compensation, as explicitly confirmed by the law in Article (35).

Is the doctor required to inform the patient of potential complications before the procedure?

Yes, the law explicitly requires the doctor to inform the patient or their relatives of the complications that may arise from the diagnosis, treatment, or surgical intervention before proceeding, as well as obtaining prior written consent according to Article (4). Failure to fulfill this obligation constitutes a legal violation subject to accountability.

Can the doctor be arrested immediately upon filing the complaint?

No. The law confirmed in Article (24) that practitioners cannot be investigated, arrested, or held in custody unless a final medical report from the health authority indicates the presence of a serious medical error.

What is the difference between medical error and natural complications?

Medical malpractice is a known potential consequence that may arise from the procedure even with full adherence to professional standards, while medical error is based on the practitioner's failure to fulfill their duties. The Medical Liability Committee is the specialized technical reference to distinguish between them in each case.

Does the statute of limitations start from the date of the error or from its discovery?

The statute of limitations begins from the date the injured party becomes aware of the damage and the identity of the responsible party, not from the date of the error. However, the maximum limit is 15 years from the date of the harmful act. The statute of limitations is interrupted by filing a complaint with the health authority.

What if the facility is not insured against liability?

Practicing without insurance is legally prohibited and exposes the facility owner to disciplinary action and license revocation. However, the absence of insurance does not negate the injured party's right to claim compensation directly from the facility or the doctor.

Eleventh: Practical tips for victims of medical errors

Document everything

Keep all prescriptions, medical reports, and images before and after the procedure, as they are essential for evidence before committees and courts.

Do not delay in filing a complaint

File your complaint as soon as possible. Delays may affect the validity of evidence and could face a statute of limitations defense.

Consult a specialized lawyer

Medical liability cases require precise legal expertise in drafting complaints, presenting evidence, and dealing with expert committees.

Check the center's license

Before any procedure, ensure that the center or doctor is licensed by the health authority and insured against civil liability.

Request written consent

When undergoing any medical or cosmetic procedure, request a written consent document and ensure it includes clarification of potential complications.

Seek a second medical opinion

If you suspect a medical error, promptly visit another specialized doctor for an independent evaluation to strengthen your legal position.

Specialized legal consultation

Have you been subjected to medical error orcosmetic procedure?Caused damages?

You are not facing this experience alone. The Awad Al-Muhairi Law Office team is ready to assess your case and guide you step by step towards fulfilling your legal rights.

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Initial assessment of your case and determination of medical liability

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Guidance on how to file a complaint with the relevant health authority

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Follow-up on the procedures of the Medical Liability Committee and the Supreme Committee

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Representation before the courts to claim the compensation owed

Contact the Awad Al-Muhairi Law Office for legal advice and to take necessary actions to protect your rights.

Disclaimer

The information contained in this blog is of a general legal awareness nature and is based on the provisions of Federal Decree Law No. (4) of 2016 regarding medical liability. This information does not constitute specialized legal advice in any way, and should not be relied upon alone in making any legal decision. Legal cases vary based on their circumstances and facts, and it is advisable to consult a specialized lawyer for legal advice tailored to your specific situation.