When is a medical error gross, and what changes if it is?

When is a medical error gross?

Cabinet Resolution No. 40 of 2019 lists the outcomes first. It calls an error gross if it leads to the death of the patient or fetus, the removal of an organ by mistake, the loss of an organ’s function, or any other serious damage, “in addition to the availability of any of the following criteria”.¹ Table 1 lists the seven criteria.¹

The committee must state which criterion it relied on, the facts in the file that confirm a gross error, and the type of damage and error (Article 5(2)).¹

Check that your committee report names the criterion. If it does not, say so in any appeal.

Who decides that an error is gross?

The medical liability committee, by a two-thirds vote. A committee meeting needs two-thirds of its members present, and most decisions pass by a majority of those present. Classing an error as gross needs the consent of two-thirds of the members present.¹

Either side can appeal to the Higher Committee for Medical Liability within 30 days of being notified of the report.² Al Tamimi & Company reported that on 11 September 2025 the Dubai Court of Cassation rejected a challenge to a Higher Committee finding that raised a “minor” error to a gross one, although only the doctor had appealed.³

If you think the error was gross and the report says otherwise, read appealing a committee report before the 30 days run out.

What penalties follow a gross error?

Prison, a fine or both, under Article 34 of the medical liability law.²

• A gross medical error: up to one year in prison, a fine of up to AED 200,000, or both.
• A gross medical error that causes a death: up to two years in prison, a fine of up to AED 500,000, or both.
• A gross error made under the influence of alcohol or drugs: up to two years in prison and a fine of up to AED 1,000,000.

The penalties in other laws do not apply to acts this law penalises (Article 36).² The victim or the heirs may ask for reconciliation with the accused at any stage, even after a final judgment. Reconciliation ends the criminal case but does not affect the right to claim compensation in the civil courts. It is not available if the same acts are repeated (Article 35).²

Read criminal complaints before you go to the police or the Public Prosecution.

Can the doctor be arrested before the committee reports?

No. A complaint to the Public Prosecution is referred to the health authority. No practitioner may be investigated, arrested or held in temporary detention over a complaint until the health authority’s final medical report confirms a gross medical error (Article 24).²

The health authority may suspend the practitioner’s licence until the committee reports, for up to 30 days at a time, renewable (Article 23).²

If you have complained to the Public Prosecution, expect your case to go to the health authority’s committee first.

The small print

• Where the test is set. Article 6 of the Decree-Law leaves the standards for a gross error to the executive regulations.² The English text of the regulations uses “medical malpractice of a gross nature”.¹
• Article 34 wording. The Arabic text sets the first two penalties as prison, a fine or either one, and the third as prison and a fine.⁴
• Higher Committee report. A Higher Committee report must also state the criterion relied on, the facts confirming a serious error, and the type of damage and error (Cabinet Resolution No. 14 of 2020, Article 3).⁵
• Higher Committee vote. Article 6 of that resolution says in English that a serious error needs approval by one-third of members present. The Arabic text says two-thirds, and the Arabic text prevails.^5,6