Page 1 - Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree Law No. (4) of 2016 on Medical

Cabinet Resolution No. (40) of 2019

Concerning the Executive Regulations of Federal Decree Law No. (4) of 2016 on Medical
Liability

The Cabinet:

Having taken cognizance of the Constitution,
- Federal Law No. 1 of 1972 Concerning the Mandates of Ministries, Powers of
Ministers and its amendments;
- Federal Decree-Law No. (4) of 2016 on Medical Liability;
- Cabinet Resolution No. (33) of 2009 Concerning the Executive Regulations of
Federal Law No. (10) of 2008 on Medical Liability;
- Cabinet Resolution No. (6) of 2012 Constituting the Higher Committee for Medical
Liability,
- And in accordance with the presentations made by the Minister of Health and
approval of the Cabinet;

We have decided as follows:

Article (1)

The definitions contained in Federal Decree-Law No. (4) of 2016 referred to herein shall apply to
this Resolution, with the exception thereof, the following words and expressions shall have the
meanings indicated opposite each of them, unless the context requires otherwise:

Committee : The Medical Liability Committee stipulated in the Decree-Law

Higher Committee : The Higher Committee for Medical Liability stipulated in the
Decree-Law
Decree-Law : Federal Decree-Law No. (4) of 2016 on Medical Liability

Article (2)

Without prejudice to the duties stipulated in the Decree-Law, whoever practices the profession,
each within the limits of its competence, must follow the rules set forth below in accordance with
the nature of its work, as follows:
1. To adhere, while performing its job, to the principles of practicing the profession in general
and the scientific and practical principals of its specialization in particular in accordance with
the protocols and rules approved by the Health Authority;
2. To exercise the due care in providing and following up the health service with full attention
and vigilance as per the Principal of the Average Physician’s Experience and Qualification,
and reviewing the patient’s medical history, unless the practitioner of the profession is unable
to do so due to circumstances beyond its control or due to the patient’s own action;
3. Refraining from making use of the patient’s need to achieve an unlawful benefit for himself/
herself or for others. Unlawful benefit means every financial, in-kind or intangible benefit that

*In case of any misinterpretation, the Arabic version of this legislation prevails.