Legal Q&As: Should I file a medical negligence case?

In August 2014, my wife was diagnosed with breast cancer at Al Mafraq governmental hospital. The tumour had been primarily diagnosed as benign by another health facility in Abu Dhabi emirate in December. However, the doctors at Al Mafraq considered as medical negligence the fact that the other health facility did not perform a biopsy but still proceeded to remove the tumour through surgery that proved unsuccessful and now calls for another intervention. I was advised to file a legal case and claim damages. Can I obtain a legal opinion on the matter to be informed of the consequences that this action would entail upon my wife and I?

The right to sue is an established human principle. It is considered a basic human right as well as an inherent constitutional right, which may not be taken away by any authority. No individual may be prohibited from going to court to defend his rights and preserve his sanctity. Any medical work or scientific experiment likely to violate a person’s physical or psychological integrity is prohibited unless it is performed with that person’s express consent, according to Sharia law and by international charters. Medical negligence is the failure to provide medical care and despite the value of medical advances, mistakes do happen. Doctors who make errors in their work due to a lack of foresight, negligence or carelessness are violating their legal obligations. Such mistakes can entail civil liability, which calls for civil damages, and even criminal liability, if they reach the level of gross, intentional or quasi-intentional negligence. The hospital can also be held liable and sued as a legal entity in accordance with the general rules of liability and Federal Law No 10 for 2008, concerning medical liability, which applies to all those involved in the medical profession in the country and binds medical workers to carry out their duties with precision and integrity. The law imposes sanctions, including imprisonment and fines, for whoever violates its provisions. Upon proving criminal or civil liability, adequate damages are awarded to the injured party. So if you do file a legal case against the party whom you deems was negligent in treating your wife, damages will be given so long as you produce convincing evidence of such negligence.

I have a 7-year-old nephew and a one-and-a-half-year-old niece. I myself am not a mother but I work in the field of child education and consider my nephew and niece victims of domestic abuse from both their parents. They have picked up many bad words and behaviours from an early age. It breaks my heart to hear them use bad language every time I visit them or they come over. The girl has dark circles under her eyes from too much crying and malnutrition, and the boy shows no interest in his studies, fears his father, disrespects his mother and hits both her and his baby sister. How can I help them, as their aunt? I have tried to advise their parents but to no avail. What can I do for the children? What happens to them if their parents get a divorce?

The UAE ensures that children are protected and cared for and aims to eliminate any obstacles standing in the way of a sound upbringing, with a view to turning them into good members of society. The Federal National Council has endorsed the child rights law in accordance with international agreements ratified by the UAE that enshrines these protections in law. The law also bans children from being exposed to any arbitrary interference or illegal measure in their lives, family or home, as well as any prejudice to their honour or reputation. The law also stipulates the punishments for anyone who tortures a child, violates their physical and psychological integrity or carries out any act of cruelty likely to affect the child’s emotional, psychological or mental balance. These punishments include fines ranging between Dh5,000 and Dh1 million and imprisonment for up to 10 years, in addition to deterrent sanctions against whoever tries to abuse a child or expose them to abuse, particularly those directly responsible for the child’s care such as the parents, teachers and doctors. In cases of any form of abuse towards children or any violation of this law, child protection specialists need to be notified. If a child asks an adult to inform authorities of the ill-treatment they have received from someone, there is even a fine of up to Dh50,000 if the person does not do so. There are numerous child protection and human-rights centres in the UAE, and I would suggest that you contact them if you deem it necessary to protect the children.

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