Was what happened to you a medical error under UAE law?
UAE law calls it a medical error when a practitioner lacked knowledge expected of their grade and specialty, did not follow recognised standards, did not take due diligence, or was negligent. A known complication that no error caused is not one. A medical liability committee decides.
What does the law count as a medical error?
An error a practitioner makes for one of four reasons set out in Article 6 of the medical liability law.1 The same law lists four cases where there is no liability, in Article 17.1 Table 1 sets them side by side, in the law’s order.
| A medical error (Article 6) | No liability (Article 17) |
|---|---|
| Not knowing technical matters that every practitioner of the same grade and specialty is expected to know | The harm did not result from any of the Article 6 reasons |
| Not following recognised professional and medical standards | The harm came from the patient's own act, a refusal of treatment, not following medical instructions, or an external cause |
| Not acting with the necessary due diligence | The doctor used a method other doctors in the specialty do not use, but which conforms to generally accepted medical standards |
| Negligence, or not acting with care and caution | Recognised or unexpected effects and complications that did not result from a medical error |
The law applies to anyone who practises a medical profession in the UAE.1 Practitioners of related professions, not only doctors, carry the same liabilities as a doctor as far as possible (Article 37).1
When you write your complaint, say which of the four reasons you think applies and why.
When is a doctor not liable for what happened to you?
In the four cases in the right-hand column of Table 1.1 One of them turns on what you did: harm from your own act, from refusing treatment, or from not following the medical instructions you were given. The same case covers harm from an external cause. Another covers a method other doctors do not use, as long as it conforms to generally accepted medical standards.1
Keep your discharge papers, prescriptions and any written instructions, so the committee can see what you were told to do.
Is a complication a medical error?
Not by itself. Article 17 says there is no liability for recognised or unexpected effects and complications that did not result from a medical error.1 Emirates 24|7 reported on 1 July 2026 that the chairman of the Supreme Committee for Medical Liability said “many complaints are not linked to proven medical errors but rather to known complications that can occur despite proper care”.2
A separate question is whether you were warned. Before the intervention starts, the doctor must tell you or your family about the complications that may result from the diagnosis, treatment or surgery (Article 4).1 The regulations say this must be done “in a clear and simplified manner”.3 See informed consent.
Check your signed consent form for the complication you had.
Who decides whether it was an error?
A medical liability committee. Article 18 gives these committees the job of settling complaints referred by the health authority, the Public Prosecution or a court, and of deciding whether a medical error was committed and how serious it was.1 A complaint made to the Public Prosecution is referred to the health authority (Article 24).1
The Department of Health Abu Dhabi (DoH) lists the complaints it accepts for investigation as including medical negligence, treatment errors and complications, medication errors and delay of treatment.4
Find the authority for your hospital or clinic with the complaint finder, then read medical liability committees.
When is an error gross?
The regulations list serious outcomes, such as death or the loss of an organ or its function, “in addition to” one of seven listed failings, such as leaving medical equipment in the body.3 A gross error can lead to prison or a fine.1
Read gross medical error for the full list.
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.1 Article 5 of Cabinet Resolution No. 40 of 2019 sets them.3
- Duties behind the test. Article 3 of the Decree-Law requires accuracy, honesty and due care in line with recognised scientific and technical standards. Article 4 lists the doctor’s duties, and Article 5 lists what a doctor must not do.1 Article 2 of the regulations adds that each action must be documented in your medical file with its type, date and time.3
- Arabic text. The English text of the law is a translation. The Arabic text prevails in a conflict.1
Sources
4
1UAE Federal Government, Federal Decree-Law No. (4) of 2016 Concerning Medical Liability. Effective 15 Aug 2016. Last checked 12 Nov 2026. Source document: Federal Decree-Law No. (4) of 2016 Concerning Medical Liability
2Emirates 24|7, Dentistry tops UAE medical errors list as complaints drop 42%. Last checked 12 Nov 2026. Source document: Dentistry tops UAE medical errors list as complaints drop 42%
3UAE Federal Government, Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (4) of 2016 Concerning Medical Liability. Effective 16 Jul 2019. Last checked 12 Nov 2026. Source document: Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (4) of 2016 Concerning Medical Liability
4Department of Health Abu Dhabi, Medical error complaints. Last checked 12 Nov 2026. Source document: Medical error complaints
- Owner
- Medicalnegligence.ae research team
- Last review
- Next review due
- 11 May 2027
- Status
- Published