The UAE's highest court has called for tighter regulations of cosmetic surgeries after upholding the one-year suspension of a surgeon in Dubai found to have committed a “gross medical error” that resulted in the death of a female patient.
A panel of judges at the Federal Supreme Court, in a written ruling issued after an appeal hearing on September 1, said plastic surgeons must uphold a “heightened degree of care” compared to other doctors and must demonstrate the “utmost diligence” when carrying out elective surgeries, which should not pose a danger to a patient's life.
The plastic surgeon – who was not named by the court – had been found by a Dubai Health Authority committee to be negligent in his handling of a body contouring, liposuction and fat transfer procedure. This led to his suspension.
He appealed against the verdict but the judgment concluded that he did not use ultrasound-assisted technology, viewed as essential in reducing risks of a pulmonary fat embolism and a “critical measure” in patient safety.
The Federal Supreme Court said this amounted to an “unjustified deviation from the accepted principles and norms of medical practice”. Court documents did not disclose the age or nationality of the patient, nor when she died.
The judgment also clarified that doctors can be held accountable if they use risky methods that are not proportionate to the intended cosmetic outcome.
The court said it was “imperative to update legislation aimed at reducing errors in cosmetic surgeries”. It is not clear if the plastic surgeon faces separate criminal proceedings in relation to the case.
Higher standard
Diana Hamade, founder of Attorneys at Law, told The National, said it was crucial that the conduct of all doctors is placed under intense scrutiny to safeguard patient health.
“When a surgeon’s negligence – such as ignoring essential safety measures – directly causes harm or death, it constitutes serious medical malpractice, as confirmed by both the Higher Medical Liability Committee and the courts,” Ms Hamade said.
“In this case, the Higher Medical Liability Committee determined that the appellant, who is a plastic surgeon and medical director, did in fact commit a serious medical error.”
“He performed body contouring and fat transfer without using ultrasound technology, which is a necessary safety measure. This increases the risk of a pulmonary fat embolism, which makes his actions severely negligent.
“Negligence in cosmetic surgery is not just a mistake – it can be fatal. In the UAE, surgeons must uphold the highest standards of care, and failure to do so is considered medical malpractice.”
Dr Matteo Vigo, a specialist plastic surgeon at the HealthBay Vitalia clinic in Dubai, agreed that professionals who have lives in their hands should be subject to rigorous checks.
“Plastic surgery is elective rather than life-saving, which makes outcomes and patient expectations especially sensitive,” he said. “It is very important that patients do their research – check if the surgeon is board certified, look at their history and previous cases, and make sure expectations align with what the surgeon can realistically provide.”
He highlighted the grave risks posed to patient well-being by health care professionals flouting the rules.
“Major procedures should always be done in hospitals with the infrastructure to handle emergencies. In the past, we have seen cases carried out in daycare centres or clinics without proper anaesthesiology support, and that creates serious risks.
“Some patients choose based on price rather than safety, which is frustrating for those of us who strictly follow regulations.
“In Dubai, the rules are actually stricter than in some countries. Only board-certified plastic surgeons can perform these procedures here, while in Italy, for example, any doctor can do plastic surgery regardless of speciality.
“The laws in the UAE are already strong. The challenge is enforcement and ensuring that every practice follows these strong laws. Every surgery carries risks, even a simple liposuction, but there is a clear difference between an unavoidable complication and negligence.”
Tough action
Medical professionals in the UAE guilty of malpractice and negligence can face heavy fines and jail time.
Under a federal decree on medical liability issued in 2016, healthcare professionals convicted of gross medical negligence can be jailed for up to one year, with fines capped at Dh200,000, in criminal cases.
If the negligence results in death, courts can impose prison sentences of up to two years and fines of Dh500,000.
This fine can be increased to Dh1 million if the guilty party is found to have been under the influence of alcohol or drugs.
Civil courts can, however, award higher levels of compensation.
In 2020, three doctors who had previously been given 12-month prison sentences were ordered to pay Dh10 million in compensation by Dubai Civil Court for their part in routine nose surgery that left an Emirati woman in a coma.
The doctors, who worked at First Med Day Surgery Centre in Dubai, were convicted of medical malpractice at Dubai Criminal Court.
The surgeon, from the Dominican Republic, an anaesthetist and a technician – both from Syria – were to be deported on serving their prison terms. The judge also fined the clinic Dh300,000.
