Medical malpractice insurance in the UAE

Who must hold medical malpractice insurance?

Under the current texts, the practitioner, the facility owner, the health facility and the receiving health authority each carry a different duty.

The Art 25 duty turns on practising a regulated health profession, not on a company’s category. The 2019 resolution’s telehealth annex has the facility provide cover for malpractice arising from that service.¹ Under Art 27 insurers take over the rights and obligations of health facilities and insured persons.²

Ask your facility which policy covers you before you start the post.

What does the DHA licensing manual add?

The manual says cover is maintained throughout practice and names the professional, specialty, employing facility and cover. Failure to prove it for the validity of the licence may lead to disciplinary action. The policy and employment contract must be available for audit (para 5.10). Cover is required where a licence is activated (para 11.7). The facility is responsible for valid cover for a professional on a temporary permit (para 17.11).³

Check the current version of the manual before you apply.

Is there a minimum limit?

The federal texts state no minimum limit. Dubai Healthcare City states limits in its regulator’s policy, which is undated.⁴

The regulator’s policy puts responsibility on licensed operators to maintain cover for professionals practising on their premises. By formal agreement an operator may delegate obtaining the cover to the professional, and ensuring its validity stays with the operator.⁴ Operators may not conduct clinical activity without approved cover.⁵

The policy does not say how it sits with Art 26 of the federal law. Ask Dubai Healthcare City Authority.

Does Sharjah require it?

Sharjah Healthcare City’s health regulation page lists medical malpractice insurance among the documents required for a healthcare professional licence, provided after the licence is issued, and for a healthcare facility licence.⁶ The page is undated and describes Sharjah Health Authority licensing.

Ask the Sharjah Health Authority whether the requirement applies outside Sharjah Healthcare City.

Do the 80% premium share and AED 200,000 figures still apply?

Both figures come from repealed texts. The 2008 law had the owner pay at least 80% of the medical errors premium (Federal Law 10 of 2008, Art 26). The 2009 decision set a minimum compensation of AED 200,000 per case of medical error (Cabinet Decision 33 of 2009, Art 14). Art 42 of Decree-Law 4 of 2016 repealed the 2008 law.² Art 19 of the 2019 resolution repealed the 2009 decision.¹ A Department of Health compilation still shows the old text.⁷

Under the current text the facility owner pays all premiums. The 2019 resolution gives no amount, and whether a current federal minimum exists is not established. Ask the health authority.

Does a professional indemnity policy satisfy a healthcare licence?

One law firm says a standard professional indemnity policy excludes bodily injury and does not satisfy a healthcare licence.⁸ See professional indemnity.

Ask your insurer whether your policy covers bodily injury claims.