Medical Malpractice Insurance in the UAE

Medical malpractice insurance is a form of professional liability insurance for healthcare practitioners and facilities. It may respond when a patient alleges that an insured professional error, negligent act or omission caused injury, illness or another covered loss.

Under the UAE medical-liability framework, a healthcare profession may not be practised without civil-liability insurance for medical errors issued by an insurer licensed in the UAE. Health facilities must also arrange and renew the required insurance for their professional practitioners before allowing them to work.

Who May Need Medical Malpractice Insurance?

Coverage may be required or requested for:

1. Doctors and Surgeons: General practitioners, consultants, specialists, surgeons and other licensed physicians.
2. Dentists: General dentists, orthodontists, oral surgeons and other licensed dental practitioners.
3. Nurses and Allied Health Professionals: Nurses, physiotherapists, radiographers, laboratory professionals, therapists and other eligible practitioners.
4. Pharmacists: Licensed pharmacists and other eligible pharmaceutical professionals.
5. Healthcare Facilities: Hospitals, medical centres, clinics, dental centres, laboratories and other licensed healthcare establishments may arrange coverage for their eligible professional exposures and practitioners.
6. Visiting and Temporary Practitioners: Facilities should confirm that visiting, part-time, temporary and trainee practitioners are appropriately insured before they begin providing professional services.

What May Medical Malpractice Insurance Cover?

Depending on the issued policy, coverage may include:

1. Professional Negligence Claims: Eligible claims alleging that a practitioner failed to provide the professional standard of care expected within the insured scope of practice.
2. Errors and Omissions: Covered allegations involving an error, omission or unintentional failure while providing insured healthcare services.
3. Legal Defence Costs: Eligible legal expenses incurred in investigating and defending a covered malpractice claim.
4. Compensation and Settlements: Covered damages, settlements or compensation payable to a claimant, up to the applicable policy limit.
5. Claims Against the Healthcare Facility: Coverage may extend to eligible claims made against the insured healthcare establishment, depending on the policy wording.
6. Additional Legal or Regulatory Support: Certain policies may include specified costs connected with official investigations or hearings when expressly stated in the policy.

Examples of Medical Malpractice Allegations:

Claims may involve allegations such as:

1. Misdiagnosis or delayed diagnosis
2. Medication or prescription errors
3. Surgical or procedural errors
4. Failure to obtain appropriate informed consent
5. Failure to monitor or follow up with a patient
6. Errors in treatment, testing or patient records

The existence of an allegation does not automatically establish medical negligence or guarantee that a claim will be covered. Each case is assessed according to the applicable law, professional findings and policy terms.

What to Check Before Selecting a Policy:

Review these important policy details:

1. Insured Activities: Confirm that the practitioner’s speciality, procedures and complete scope of professional services are declared and covered.
2. Limit of Liability: Review the limit for each claim and the total limit available during the policy period.
3. Deductible: Check the amount the insured must contribute towards each eligible claim.
4. Policy Trigger: Understand whether coverage depends on when the incident occurred, when the claim was made or when it was reported.
5. Retroactive Date: Where applicable, confirm the date from which previously performed professional services may be considered for coverage.
6. Territory and Jurisdiction: Check where the professional services must be performed and where a claim may be brought.
7. Exclusions: Review exclusions relating to intentional acts, criminal conduct, unlicensed services, known circumstances and activities outside the declared professional scope.

How to Request Medical Malpractice Insurance:

Follow these steps:

1. Identify the Applicant: Confirm whether the policy is required for an individual practitioner, a healthcare facility or both.
2. Describe the Professional Services: Provide details of medical specialities, procedures, facility activities and professional responsibilities.
3. Provide Practitioner Information: Submit the requested information about insured doctors, nurses, dentists and other healthcare professionals.
4. Declare Previous Claims: Disclose previous malpractice claims, complaints, incidents or known circumstances accurately.
5. Select the Required Limit: Review the requested limit of liability, deductible and geographical requirements.
6. Review the Quotation: Confirm the insured activities, policy period, limits, conditions and exclusions before completing the application.

Documents Required:

The insurer may request:

1. Completed proposal or quotation form
2. Healthcare facility licence and trade licence
3. Professional licences for the practitioners
4. List of practitioners and their medical specialities
5. Details of services, treatments and procedures performed
6. Previous insurance-policy information
7. Claims history and known-incident declaration
8. Qualifications or experience details, if requested

Why Choose Al Buhaira Insurance?

Eligible applicants can access:

1. Individual and Facility Enquiries: Healthcare practitioners and medical establishments can submit enquiries based on their professional exposures.
2. Professional Liability Assessment: The required information can be reviewed according to the applicant’s speciality, procedures and requested limits.
3. Online Quotation Request: Applicants can submit their contact details and request assistance through the dedicated Medical Malpractice Insurance quotation page.
4. Liability Insurance Experience: Medical malpractice is available as part of Al Buhaira’s range of liability-insurance products.

Frequently Asked Questions: