Abu Dhabi, June 2016
The Insurance Authority (IA) organized the 4th seminar for members of the Judiciary in Abu Dhabi entitled "Liability for Medical Errors” (civil liability and penal liability) at the headquarters of Abu Dhabi Judicial Academy.
This seminar is the fourth in a series of seminars of the Specialized Seminars Program jointly implemented by the IA and members of the Judiciary in the Emirate of Abu Dhabi. The seminar was attended by a number of judges and counselors prosecutors as well as a number of employees of IA and the Judiciary Department in the Emirate of Abu Dhabi.
The IA experts delivered detailed presentations during the seminar on the developments of medical and health insurance and the adverse impacts arising from the problems relating to medical consultation and medication, especially the new medicines.
The experts also delivered a detailed presentation on the role of the IA in the regulation and control of the insurance operations in the UAE in addition to providing explanatory information about the local insurance market.
The participants also reviewed the principles of the patient's right to know the nature and severity of his illness except in two cases: the first, if he lacks capacity, and the second, if his health condition does not allow informing him personally and his consent could not be obtained to inform his family. The seminar also addressed aspects of the right to refer to the personal file, the right to complain and claim compensation, protection of children and adults with disabilities and the right to non-discrimination.
With regard to the duties of a physician, the IA experts stressed that these duties include the obligation of the physician to perform his duties as required by the medical profession of accuracy and honesty and in accordance with generally accepted scientific norms and in the manner to achieve the necessary patient care. The physician, attending to a patient or injured person facing danger or if he learns the existence of such a person, is also committed to provide assistance such patient or person or to secure help for him; and therefore, he is held accountable when he fails to provide assistance to a person in danger. In addition, there is the obligation of the doctor not to disclose the secrets of the patient, taking into account that there is no doctor may terminate a patient's life for any reason whatsoever, even at his request or the request of his guardian or caretaker. It also prohibited to conduct human being cloning operations. The physician is prohibited to do medical research or experiments on humans action except after obtaining a permission to do so. It is also not allowed to implant artificial organs in the body of a patient except after confirming that it is suitable for the patient and would not harm him, and after preparing his body to accept the implantation.
At the conclusion of the seminar, an in-depth debate among the participants took place to address the details of the legal aspects of the insurance operations. These debate contributed to the enrichment of the seminar and enhancing knowledge and legal awareness.
For their part, the participants expressed their thanks and appreciation to the IA for organizing this introductory seminar, which has contributed in enhancing the knowledge and educational awareness in all aspects of insurance.
The participants praised the role of the IA in improving the performance of the insurance sector as well as its permanent keenness to promote the local market regulation by issuing insurance legislation, modern and sophisticated regulations in this regard.
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