Johns Hopkins University School of Medicine estimates that medical error is now the third leading cause of death.^[1]

The Abu Dhabi Court of Appeal recently awarded Dh 350,000/- to the father of a son whose vaccine was administered in the wrong site. This decision reinforced the already binding authority of the Higher (or Supreme) Medical Liability Committee (HMLC) reports which provides expert opinions in medical cases at the request of government departments to determine whether an error occurred, the resulting damages, and the causal link between them.

Although the mistake did not result in permanent disability for the child, the argument of the father alleging the doctor not following the proper medical method was confirmed by the report of the HMLC and, as the Appellate Court noted, was “sufficient to establish liability without the need to appoint a new expert,” echoing earlier Supreme Court rulings on the weight of such reports.

This judgment closely followed Article 6 of Federal Decree Law No. 4/2016 on Medical Liability^[2], which defines a medical error as one caused by ignorance, failure to follow medical rules, negligence, or lack of due diligence. Article 3 of the same law emphasizes that healthcare professionals in the UAE must fulfil their responsibilities honestly and accurately. While doctors are not automatically liable if a patient does not recover, they are legally responsible if they fail to exercise the diligence, care, and professional competence expected of them.

The judgment also applied Article 313 of the 1985 Civil Transactions Law^[3], holding the hospital vicariously liable for the doctor’s breach of the “necessary care” standard which is defined as the level of attention, knowledge and skill ordinarily exercised by a reasonably competent practitioner in the same circumstances.

The ruling highlights how courts are increasingly depending on Medical Liability Committees (MLCs) to decide negligence cases. Legal experts point out that this system speeds up cases and avoids the confusion of conflicting expert opinions, ensuring that decisions are based on medical standards rather than legal tactics. For patients, it offers a more straightforward route to justice, while healthcare providers are under stronger pressure to strictly follow safety protocols. The recent judgements have been signalling a decisive turn toward stricter enforcement of medical‑negligence rules in the Emirates. 

Recent Judicial Precedents in Medical Negligence

A growing body of recent judgments shows that UAE courts are tightening enforcement of medical liability laws, holding doctors and hospitals alike accountable for negligence across a range of contexts:

• What makes the recent Supreme Court judgment in appeal 722/2025 significant is its refusal to treat patient consent as a shield for unsafe practices, underscoring that informed consent cannot justify disproportionate or reckless methods. The Court held a plastic surgeon liable for a fatal body‑reshaping procedure after finding the doctor had ignored essential safety measures.^[4]  
• The previous approach is not isolated. Abu Dhabi courts have shown a parallel stance in compensation cases, where families have been awarded higher damages once expert committees identified systemic errors or lapses in monitoring. By applying liability to both doctors and hospitals, the courts signalled that accountability extends beyond individual practitioners to institutions when oversight failures contribute to harm.
• The foetal death case of August 2025 reinforced this principle. Here, the court relied squarely on the binding authority of MLC findings. Two doctors and two nurses were ordered to pay AED 200,000 after the MLC report found they had failed to monitor foetal heart rate and used a risky approach during delivery.
• The Abu Dhabi Family, Civil and Administrative Claims Court has ordered a hospital and doctor to jointly pay Dh75,000 in compensation, plus legal costs, to a woman in a medical malpractice case. The Supreme Medical Liability Committee confirmed gross negligence and professional misconduct during treatment.

The rulings send a crystal‑clear message that the duty of care in the UAE is never a vague expectation but a legally enforceable obligation, especially in elective or preventive procedures.

Implications for Healthcare Providers  

The cascade of recent judgments forces hospitals and clinics to overhaul their risk‑management practices. Hospitals are now expected to adopt strict procedural checklists and document every step in electronic records. Healthcare professionals in the UAE must also carry civil‑liability insurance under Article 25 of Federal Decree‑Law No. 4 of 2016.

A licensed insurer provides coverage for damages arising from medical errors, ensuring that patients receive compensation when a practitioner’s negligence causes harm. At the same time, the policy protects doctors and the facilities they work for from direct financial loss, shifting the risk to the insurer and allowing the health system to operate with greater financial certainty

Failure to adopt these safeguards could leave providers facing joint liability, heavy compensation awards, or even criminal prosecution.

Patient‑Rights Perspective

Victims of medical error now have a clear pathway: A person wishing to file a complaint against a medical error can do so with the relevant health authority such as the Ministry of Health and Prevention (MOHAP), the Dubai Health Authority (DHA), or the Department of Health, Abu Dhabi (DOH) or others depending on the emirate where the incident occurred. Alternatively, they may submit a criminal complaint with the public prosecution or police, file a civil case directly in court or seek reconciliation under Article 35 of the Medical Liability Law, which permits pre‑trial settlement with the health authority. 

When a complaint is submitted, the health authority reviews it and, if necessary, refers it to a Medical Liability Committee (MLC). The MLC investigates the case and must issue a reasoned report within 30 days, determining whether a medical error has occurred.

Both the complainant and the healthcare provider have 30 days to appeal the MLC’s findings. The appeal to the report would be made to the health body. Once the appeal is made, the report and all the documents associated with the complaint are forwarded to the Supreme Medical Liability Committee. Article 3(3) of Cabinet Resolution No. (14) of 2020 Concerning the Supreme Committee of Medical Liability provides that the committee may either confirm, reject, amend the report or even cancel the grievance. The report that is issued by the Supreme Committee will be deemed final.^[5]

If medical negligence is confirmed, the complainant can either file a civil case in court to seek compensation or submit a criminal complaint for prosecution. The health authority may also impose disciplinary actions on the practitioner or healthcare facility. Potential disciplinary actions include reprimanding the practitioner or facility, requiring retraining under supervision, suspending or revoking licenses or imposing fines on the healthcare facility

Conclusion

The Abu Dhabi vaccination ruling, together with recent high‑profile cases, underscores a decisive shift toward stricter enforcement of medical‑negligence statutes in the UAE. The emerging jurisprudence promises greater accountability for clinicians and stronger protection for patients.