What does a medical liability committee do with your complaint?

Who sits on the committee that reviews your complaint?

Doctors. The medical liability law sets up committees of experienced doctors, specialised across the medical fields, by a decision of the Minister or the health authority.¹ The executive regulations put one committee at each health authority, with members from the specialties that authority names.² The committee can ask doctors from other specialties, or anyone it chooses, for an opinion, and can form technical committees of specialists who have no vote (Article 9).²

A member may not sit on your case if they are related to you or the doctor up to the fourth degree, work under the management or supervision of either side, treated you before for the same condition, or were consulted by the doctor about it (Article 12).² Members take an oath as experts before an appeal court (Article 13).²

If you know of a link between a member and the doctor or hospital, tell the health authority in writing.

How does your complaint reach a committee?

Through the health authority. Every complaint about a medical error goes to, or is referred to, the health authority, which refers it to the committee (Article 19).¹ Courts and the Public Prosecution also hand complaints to the health authority (Article 8(3) of the regulations).²

Article 8(1) of the regulations sets what your complaint must have.²

• It can be on paper or electronic.
• It must be in Arabic, or come with an Arabic translation.
• It must state its subject precisely.
• It should have the related documents attached, where possible.
• It must give details of you and the patient, or the patient’s legal representative, including your address and how to reach you.

You may amend or withdraw your complaint, or add documents, before the committee’s report is issued (Article 8(2)).² The Department of Health Abu Dhabi (DoH) says its withdrawal service cannot be used once the case has been referred to the committee.³ DoH also says the complaint form can be filled in Arabic or English, but the details of the complaint must be in Arabic.⁴

Each authority publishes its own service time, filing limit and fee. Table 1 shows what each one publishes.^5,6,4,7,8,9

File with the authority that licensed the facility. Read the guide for Dubai, Abu Dhabi or the northern emirates.

What does the committee look at?

Your medical file and what it learns from its own inquiries. The committee must base a reasoned report on the facts shown by examination, after reviewing the medical file and the other information from its investigation, discussion and technical study of the case (Article 19).¹ Its rapporteur requests the original medical file and the case papers, and calls the parties and anyone whose evidence the committee needs (Article 10 of the regulations).²

In Abu Dhabi, DoH says its investigation team collects your medical files, may refer the case to a specialist expert, and arranges a clinical examination only for certain patients where the committee decides it is needed.⁴

Ask for your own copy of your medical file early. See medical records.

What will the committee decide?

Article 18 lists what the committee decides.¹

• Whether a medical error was committed.
• How serious it was.
• Where more than one person is responsible, each person’s percentage share, with reasons.
• The harm that resulted.
• The link between the error and the harm.
• The percentage of disability in the affected organ, if any.

A meeting is valid only with two-thirds of members present, including the chair or deputy. Decisions pass by a majority of members present, and the chair of the meeting has the casting vote. A finding of gross error needs two-thirds of the members present (Article 11).² See gross medical error.

When the report arrives, check it for each item in this list.

How long does the committee take?

Thirty days from the date of referral. The health authority can extend that by further periods of the same length at the committee’s request (Article 19).¹ Most of the service times the authorities publish, in Table 1, are longer.

Ask the health authority for the date your complaint was referred to the committee.

How will you receive the report?

The health authority gives a copy to each party by hand against a signed and dated receipt, by ordinary or registered mail, or by fax or email if the authority has them (Article 15 of the regulations).² DoH sends the report through its online complaint system, with an email when it is released.⁴

Note the date you receive it. The 30 days to appeal run from legal notification of the report, as appealing a committee report explains.¹

Can you claim compensation before a committee has looked at your case?

No. Article 18 says compensation claims arising from medical liability are not accepted until they have been referred to a medical liability committee.¹ Article 18 does not list compensation among the things a committee decides. DoH says it does not provide financial compensation and that you might approach the judicial authorities.⁴ The Ministry of Health and Prevention says a complainant can use the committee’s decision before the judicial authorities.⁷

Read compensation for what a court can award.

The small print

• Which committee. Article 18 says the committees are “exclusively in charge” of settling complaints referred by the health authority, the Public Prosecution or a court. Federal Law No. 7 of 2012 applies to them where it does not conflict with the Decree-Law.¹
• Oversight. Each committee sends an annual report to its health authority and is assessed by it each year (Article 14 of the regulations).²
• Withdrawal. The regulations allow withdrawal before the report is issued.² DoH’s complainant guide says you can withdraw while no decision has been made.⁴ DoH’s withdrawal service page says you cannot withdraw once the case has been referred to the committee.³
• Northern emirates. MOHAP says its department follows up with the committee and coordinates the meetings of a technical committee.⁷ EHS says a clinical complaint not solved at facility level goes to its Medical Liability Section.⁸