Higher Medical Liability Committee Rulings Now Open to Appeal: What This Means for Medical Malpractice Cases in the UAE

In a significant shift in UAE medical liability law, the UAE Federal Supreme Court recently issued a landmark judgment allowing judicial appeals on decisions made by the Higher Medical Liability Committee (HMLC). This move challenges the long-standing assumption that HMLC rulings were final and unreviewable by judicial bodies. Now, patients, physicians, and healthcare facilities have a new legal avenue to seek redress and accountability beyond the administrative scope of the HMLC.

Understanding the Legal Background

UAE Federal Decree-Law No. 4 of 2016 on Medical Liability (the Medical Liability Law) established the Medical Liability Committees (MLC), consisting of specialist physicians.

The purpose of MLC is to study complaints referred by the health authorities in the UAE, public prosecution or by the courts in the UAE. MLC decision will be considered as final if the same remain unchallenged with the prescribed timeline of 30 days.

UAE Cabinet Decision No. 14/2020 also established the HMLC to hear and decide on the appeals made against the decisions of the MLC. As per the Medical Liability Law, the aggrieved party of MLC decision may file appeal to HMLC within 30 days of the receipt of MLC decision.

As per Article 21 of the Medical Liability Law, the decision of the HMLC shall be final and is considered an unappealable decision on the assumption that the parties to the proceedings have exhausted all administrative remedies available to them under the Medical Liability Law. There were no judgments also in the past, interpreting whether HMLC decision is subject to any judicial review and HMLC’s decisions regarding medical error and liability of physicians and healthcare facilities were considered as final and not subjected to judicial review.

Landmark Judgment

The UAE Federal Supreme Court, by adopting a significant shift in the approach, issued a landmark judgment in August 2024, analysing and differentiating the administrative nature and sovereignty of the HMLC decision.  The Court has clarified that decisions of the HMLC are final only in its administrative capacity but are subject to judicial review in the federal courts and can’t be considered as the doors of Judicial authorities are completely shut for reviewing or challenging such administrative decisions. 

In case of a challenge of a decision by the HMLC, supported with reliable materials, the Court can establish or order to establish fresh expert committees to re-examine whether or not medical liability exists on the part of physicians and healthcare facilities. This re-examination will help the courts to decide on the degree of medical malpractice, culpability allocation, and causation. As a result, the court's ultimate judgment may differ from the health authority's final determination.

What This Change Means in Practice

The UAE Supreme Court’s recent decision alters this framework by affirming that, while HMLC decisions are final in an administrative sense, they can be subject to judicial review. This opens up possibilities for re-evaluation in cases where there is credible evidence or reasoning to question the HMLC’s determinations. Here’s what this means in practice:

• For Patients: Patients who feel that the HMLC's findings did not fully capture the extent of malpractice or injury now have a pathway to appeal in the federal courts. This means that patients can seek further investigation, increasing the chance of accountability in cases of serious medical errors. In practice, this ruling may empower patients, enabling them to have their cases heard with fresh perspectives from expert committees, potentially validating their claims and providing new grounds for compensation.

• For Healthcare Providers: Physicians and healthcare facilities are often at the mercy of the HMLC’s rulings, which can impact their professional standing, licenses, and overall reputation. With the possibility of judicial review, healthcare professionals now have an additional safeguard to ensure that administrative errors or misjudgments can be corrected. This is particularly crucial in cases where the evidence may be ambiguous or open to different interpretations, as it allows providers to present further supporting materials in their defense.

• For Legal Practitioners: This change brings a new dimension to medical malpractice cases in the UAE, creating opportunities for legal practitioners to pursue more comprehensive litigation strategies. Lawyers can now take cases to court that were previously bound to administrative outcomes, allowing for a more thorough exploration of causation, culpability, and damages.

Looking Forward: The Potential Impact on Medical Malpractice Litigation in the UAE

This ruling could reshape the landscape of medical malpractice litigation in the UAE. Courts now have the authority to order the formation of new expert committees, giving cases a second layer of review that could lead to different conclusions from those reached by the HMLC. This re-evaluation may lead to changes in the way medical liability is assessed, setting new standards in determining the severity of malpractice and the extent of compensation.

For patients and providers alike, this change represents an opportunity for greater fairness and transparency in medical malpractice proceedings. Legal professionals in the UAE should prepare to navigate this new territory, as the judicial appeal process will likely evolve, potentially resulting in more in-depth inquiries into medical practices and liabilities. This could also encourage healthcare providers to adopt stricter protocols and quality standards, knowing that judicial oversight now serves as an additional layer of accountability.

The UAE Federal Supreme Court’s decision marks a new era in medical malpractice law, emphasizing that administrative decisions are not beyond the reach of judicial scrutiny. This is a powerful development for those seeking justice and fairness in medical liability cases, ultimately reinforcing the legal protections for both patients and healthcare professionals across the UAE.

I am sure that this Judgment will be of great relevance to all parties involved in UAE medical malpractice claims.