Expert Medical Negligence Legal Services
Medical negligence and malpractice claims arise when a healthcare professional or institution fails to meet the accepted standard of care, resulting in injury, complications, or harm. Patients affected by such incidents have a right to pursue compensation for the harm they have suffered.
Our KH Legal team represents clients in complex medical negligence and malpractice claims, providing expert legal advice and guidance to patients and their families.
From case evaluation to representation before medical liability committees, regulatory authorities, and courts, our team is available to support clients on their rights throughout the entire dispute process.
Our services include:
- Advising patients and families on medical negligence claims
- Handling cases involving misdiagnosis, surgical errors, delayed treatment, and improper care
- Representation before medical liability committees and courts
- Pursuing compensation for physical, emotional, and financial damages
We are committed to protecting our clients’ rights and ensuring accountability while handling every matter with professionalism, sensitivity, and discretion.
Connect with our experts here to arrange a consultation.
Practice supported by Hisham Fouad Hassan, Senior Legal Consultant, and the KH Legal litigation team.
If you believe a hospital or doctor harmed you or someone you love, two things are true at once: not every bad outcome is negligence — and you deserve an honest answer about which kind yours is. That is exactly what our free, confidential case review provides: we study what happened and tell you frankly whether you have a claim, before you spend a dirham.
What Counts as Medical Negligence Under UAE Law
The Medical Liability Law (Federal Decree-Law No. 4 of 2016) defines a medical error as one caused by ignorance of technical matters a practitioner of the same specialty should know, failure to follow recognized professional principles, failure to exercise due diligence, or negligence. Separately, Cabinet Resolution No. 40 of 2019 defines the aggravated category of gross medical error — including death of the patient or fetus, wrongful removal of an organ, practicing under the influence, loss of organ function from error, wrong or overdosed medication, and instruments left inside the patient.
How a Claim Actually Proceeds: The Five Stages
- Complaint to the health authority — DHA (Dubai), DoH (Abu Dhabi) or MOHAP (other emirates), with your medical file and account of events.
- The Medical Liability Committee — specialist doctors review the file and issue the expert report on whether an error occurred and its degree. This report is the technical heart of every case; committee review typically takes months.
- Grievance (optional) — either party may challenge the report within 30 days.
- The Higher Committee — its report on the grievance is final on the technical question.
- Compensation claim in court — armed with the committee findings, the civil claim for damages proceeds; where the error is gross, criminal proceedings may run in parallel.
Where to File: DHA, DoH or MOHAP
| Incident location | Authority | What to submit |
|---|---|---|
| Dubai (incl. private facilities) | Dubai Health Authority (DHA) | Complaint form, medical file, ID, account of events |
| Abu Dhabi | Department of Health (DoH) | Same via DoH channels |
| Sharjah & Northern Emirates | Ministry of Health & Prevention (MOHAP) | Same via MOHAP |
You are entitled to a copy of your complete medical file — request it immediately, before anything else. It is the single most important step you can take today.
Compensation You Can Claim
Proven claims support recovery of treatment and corrective-surgery costs, lost income, future care needs, and moral damages for physical and psychological suffering. Where death results, Diya is fixed at AED 200,000, alongside the family’s other claims. On the criminal side, Article 34 penalties for gross error reach two years’ imprisonment and/or fines up to AED 500,000 — rising to AED 1,000,000 where intoxication was involved.
Timelines, Honestly
Straightforward cases with clear committee findings can settle within roughly a year; contested cases involving grievances and litigation run longer. Limitation rules apply — act within a year of discovering the harm rather than testing the edges, and preserve every document from day one. Full evidence checklist: how to file a medical negligence claim.
Frequently Asked Questions
How do I prove medical negligence in the UAE?
The Medical Liability Committee’s specialist report is the proof that matters. Your job — and ours — is to give it a complete file: records, timeline, and an independent opinion identifying the suspected error.
What is my claim worth?
It depends on the harm: treatment costs, lost income, future care and moral damages, assessed case by case — plus Diya (AED 200,000) where death resulted. Beware anyone quoting a number before reading your file.
Can I complain without going to court?
Yes — the health authority complaint and committee process is not a lawsuit, and discipline against the practitioner can result without one. The court step is only needed for compensation.
Is there a time limit?
Yes — limitation rules can extinguish claims. Treat one year from discovering the harm as your working deadline and start the complaint well before it.
Do I sue the doctor or the hospital?
Often both are in scope — the practitioner for the error and the facility for systemic failures and as employer. Insurance stands behind most providers, which is why well-built claims get paid.
Can I claim for a deceased relative?
Yes — heirs can pursue the claim, including Diya and their own damages. A succession certificate and the medical file are the starting documents.
📜 From our heritage archive: our medical liability practice long predates this website — see Medical Negligence Laws in Dubai, published under our founding name Khairallah Advocates.