Findings by the Higher Medical Liability Committee in cases of medical malpractice that were once final can now be appealed. This follows a recent ruling by the Federal Supreme Court in Abu Dhabi that introduced the change, allowing challenges to the decisions of the committee.
The ruling issued in August, which came into immediate effect, allows appeals based not only on faulty legal proceedings, but also against the committee's conclusions on whether a medical error occurred and the extent of a physician’s responsibility. The new framework, which previously offered no recourse for contesting the committee’s findings, is seen as a pivotal advance.
Previously legal rulings could be appealed but the conclusions of the Higher Medical Liability Committee were final
Dr Hasan El Hais,
Awatif Mohammad Shoqi Advocates and Legal Consultancy
Dr Hasan El Hais, legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy, described the ruling as a major development.
“Previously legal rulings could be appealed but the conclusions of the Higher Medical Liability Committee were final,” he said. “Now the committee’s findings are also open to appeal, allowing defendants and medical professionals to challenge both the legal rulings and the committee’s decisions in court.”
Expanded judicial oversight
Federal Law number four, issued in 2016, had granted the Higher Medical Liability Committee broad authority in medical malpractice cases, shielding its decisions from appeal. Until now, the committee’s decisions regarding medical errors and physician liability were binding with no option for judicial review.
The recent court decision enables defendants to appeal these findings in administrative courts, offering an additional layer of judicial oversight in medical malpractice cases. As part of this revised process, courts may appoint a new medical committee to re-evaluate the case.
The secondary committee would assess the details, verify the accuracy of previous findings, and determine if the initial decision fully considered the specifics of the incident. Dr El Hais highlighted the increased level of scrutiny the ruling introduces. “This additional oversight is designed to ensure that decisions affecting medical professionals and patients are as thorough and fair as possible," he said.
Judge Ayman Abdul Hakam, the former head of Dubai’s One Day Court, commended the update, saying it was a step towards greater justice. “The general rule is that no administrative decision, even a final one, should be exempt from judicial review,” he told The National. “This principle equally applies to decisions made by medical committees concerning medical errors, which may be contested for partial amendment or total annulment in the courts."
Judge Abdul Hakam said the move aligns with the UAE’s broader goals to strengthen governance through transparency and protect individual rights. “This approach underscores the hierarchy of the law, where the constitution is supreme, followed by laws, regulations, and finally administrative decisions,” he said.
“This change ensures that justice is accessible to everyone, fostering confidence in the judicial system and reinforcing the country’s commitment to fair governance.” He said that he believes legal reforms such as these will keep pace with the country’s growth. “It’s essential that laws adapt to the UAE’s continuous progress – something the government is aware of,” he said.
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