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AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

Abstract

On 2/8/2016, Law No. (4) of 2016 was issued in the United Arab Emirates to replace Law No. (10) of 2008 regarding medical liability. The new law included (45) articles dealing with many new legal provisions. In this research, the author will highlight these provisions through presenting and commenting on them either in approval or opposition. In the case of having an opposing opinion, a suggested provision is provided. The present research categorizes the new legal provisions in the law into three categories: First, the medical duties, secondly the medical prohibitions, and thirdly the liability for medical errors. Accordingly, the present research will be divided into three sections. The research is concluded with a set of conclusions and recommendations. Among which, is that the new law includes many new legal provisions in the benefit of the patient, such as compelling the doctors to inform and enlighten the patient with the available treatment options, as well as prohibiting doctors to conduct sex change operations unless according to conditions stated by the law. In addition, preventing doctors from lifting the recovery apparatus from the patient unless the heart and breathing comes to a complete stop as well as the reaching the state of complete brain and organs failure. There are also new provisions that came in support to the profession practitioners. For example, the increase in the installments of the insurance payments paid by the medical institution stated in the insurance contracts conducted with the insurance companies in the case of the civil liability towards medical errors committed by the practitioners of the medical profession.

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