Medical Malpractice are the malfunctions performed by the doctors. To err is human but to repeat it again and again is totally inhumane. If a person has to bear the consequences after getting a wrong surgery treatment, wrong pills, incorrect diagnosis etc, then he can ask for the compensation. The doctor or the hospital might have to pay the compensation to the patient. The compensation must be made and has to be made if the person wins the case. Therefore, it is suggested by the Health Authorities and Department to hospitals and clinics not to hire the junior or those doctors who have not reached the level of competence yet. If they will not be stopped doing this, they will have to accept a serious loss which might cause them to lose the license to practice and license to operate. Medical malpractice is a serious concern and it is a punishable offense. UAE is one of those countries where laws are much advanced and implemented with a no-tolerance policy. Lawyers in Dubai can be booked for getting local legal knowledge.
If you are in Dubai then first of all you should consult a quality Emirati Advocate. If the Lawyer has to be UAE citizen for court appearance and representations then better to consult the Emirati Lawyer from the beginning. Better to consult the Emirati Lawyer when you have planned to file a Civil Case. The nature of the Civil Litigation will be getting the compensation through court. If you file a criminal case then keep in mind it will only bring a sentence or punishment for the doctor or clinic. As far as getting the compensation is concerned then let us tell you “Civil Case” needs to be filled which should be by the Civil Lawyer/Advocate who has an extra and smart experience in Civil Law Litigation. Because the Civil Law Litigation is not a joke. It means that the core lawyers in town can handle such cases.
The compensation amount can be counted by the lawyer or his client. But we think that let it be suggested by the court itself. If after the judgement, the plaintiff will not be happy with the judgment amount then he can file the appeal. What he has to do, to wait for 30 days and pay the appeal court fee which is half the fee of the first court fee. Dubai Civil Courts charge 6% of the claim amount as court fee or maximum 40, 000 AED, otherwise. The professional lawyer fee is between client and his lawyer. The other fee can be translation fee, the expert fee, announcement fee, newspaper publication fee etc. Court Fee can be waived off or can’t be. This is up to court. Usually, the court fee in civil litigation has to be paid by the plaintiff at the beginning at the time of filling the case.
There are three courts if the claim amount is more than 500000 AED in UAE. Courts are as follows;
· The First Court
· The Appeal Court
· The Third Court
Two times the appeals can be submitted against the verdicts of 1st Court and 2nd Court. If the case is properly presented then chances are quite bright to secure a handsome amount of compensation. Therefore, we wrote above that the market’s best Lawyer should be hired for a Civil Case. Even when a Case is won by a Law Firm, then such cases are only allotted to most senior lawyers. If a Law Firm does not have a lawyer like this, then a professional, and honest Law Firm will not take that case. Let it be handled by the one who can easily.
As far as time frame is concerned then Civil Cases of Medical Malpractice might take time, especially when the case is taken to Cassation Court also called The Third Court. Verdicts are given by each court carefully. These are given by care and proper investigations. Wherever the experts are required, the court will also hire the experts. Expert report will be based on a deep and careful investigation. Expert report helps the judge to make a better verdict especially where the case is quite complicated.
Sometimes the verdict of a Criminal Case is necessary. It helps the Civil Case in court when the criminal case verdict supports the civil case verdict. Criminal Court and the public prosecution declare the person guilty then civil court also considers this point. Such things are not applicable all the time. Sometimes the Criminal Cases are hold especially when Labour and Employment Cases are filled first.
Civil Cases properly filled, ended up with a good result. As far as judiciary and the Law in UAE is concerned then it never disappoints the people. Law Firms in Dubai also do their best to perform the best so they could hand over a success to clients. Law, judiciary and the Advocates are three main pillars in a Case. But hold one there is another and most important pillar which means the case supporting documents. For proper preparation, a good number of supporting documents are required. These documents are arranged by the Advocates and submitted to court as per the Law. If the supporting documents will not be covering the situation, then how the advocates may arrange the documents in a way, the court could accept the documents and narrative of the plaintiff. In this way, it is a duty of the client to arrange all the documents, witnesses if required and all the supporting stuff. When it is provided to a lawyer in a meeting then it becomes the duty of a Lawyer to work on that, arrange that and submit to court along with legal memorandums required in court. Many non-professional lawyers who do not work properly on the case and when they lose the case then they have one excuse that they were not provided with the sufficient number of documents. We advise that you do not provide such excuses to such lawyers if you have hired such lawyers by mistake. However, you will not be having such counters or experiences while hiring Emirati Lawyers/Advocates in UAE.