Legal Question in Medical Malpractice in United Arab Emirates

Dear Sir,

I take this liberty of sending you this mail as I got your reference from the web.

Please find the attached scanned 'Letter of Release' which Medtronic requested us to sign which indicate the case.

My father is in deep shock from the rude defib shocks he received 2 days ago and cannot sleep and is in trauma from being perfectly healthy and having forgotten his ailment since 4.5 yrs.

We also do not know if these shocks have caused any further damage to the heart.

He is a cardiomyopathy patient and never had VT runs and the defib. part of the CRT-D would have almost never been used, it was only an insurance, however, it caused great physical and mental stress. deep trauma and still cant sleep at nights even post device replacement.

The lead could not be removed due to excessive fibrosis and has been capped inside.

I am writing this from the hospital where I have chose to either sign this letter or pay the amount for the new device+ hospitalization.

We are residents of Dubai, U.A.E. since 1970, got the device implanted at Ahmedabad, Gujarat, India due to known and referred doctors, who we do not wish to implicate.

My brother, a Citizenand resident of USA can initiate teh case, if you advice.

We however, seek your advice if we should pursue this case and claim against Medtronic and if we do hat course would it take and what payout/compensation can be got.

Would appreciate your response and also your interest in accepting the case, if at all.

Thanks,

Rgds,

Ashish Desai


Asked on 8/01/11, 8:37 am

1 Answer from Attorneys
Hassan Elhais Al Rowaad Advocates & Legal Consultancy

Dear Mr. Desai,

1) First of all we do not suggest you to sign any documents, which you think may deprive you of your lawful rights prior to obtaining the comprehensive legal consultancy on your matter.

2) UAE Federal Law no. 10 of 2008 provides for liability for whoever practices medical profession in the state. The law is comprehensively defining the standards, existing in the medical practice and stipulates the obligations of the physicians which shall be complied with. It also describes what shall be treated as medical malpractice. Medical malpractice shall be the error caused by ignorance of technical matters that must be known by whoever practices the profession, or caused by neglect or the non-exertion of proper diligence.

The Supreme Committee on Medical Liability is competent to in giving advice upon request of the public prosecution, the pertinent court or the health authority, with regards to existence or non- existence of medical malpractice, the statement of the cause thereof and the dangers resulting therefrom, if any, and the causality between the error and the damage, and any other matters required therefrom.

The criminal and disciplinary suctions shall apply to violations related to medical practice.

Any harm sustained to you as a result of medical malpractice may be claimed through the court. The perpetrator is liable for guarantee for the harm. You may claim to indemnify you for any direct damages and loses moral harm and lost profit.

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Answered on 8/02/11, 12:55 am


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