COMPENSATION FOR MEDICAL ERRORS IN LIGHT OF THE PROVISIONS OF THE DUBAI CASSATION COURT: AN ANALYTICAL STUDY

Abstract

Compensation for medical errors requires the doctor’s responsibility for the harm that caused the patient as a result of these medical errors; Therefore, the researcher had to explain the concept of the doctor’s responsibility, and its legal nature, whether it is contractual or negligence, as well as an indication of the claim of compensation, its pillars and procedures for investigating it, leading to an indication of the judiciary’s authority to estimate the compensation for the reward. A medical error is every violation or exit from the doctor in his\her behaviour on the rules and medical principles that are required to know, and the error may be technically such as experimental and unprecedented surgical operations in violation of the rules regulating this or conducting experiments or scientific research that are not based on the patient or give a medicine to the patient as a test. It may be professional, such as an error in treatment or lack of follow-up. In addition, the judiciary’s estimate of compensation for the type of error and its transgression also depends on the extent of the damage to the patient and the relationship of causation between them. Therefore, the researcher touched on the authority of the trial court to assess compensation for damages caused to the patient as a result of medical error, and judicial applications from the Dubai Court of Cassation as a supreme court in the United Arab Emirates.

Keywords: Compensation, Medical Errors, Dubai Court of Cassation, Trial Court