Defensive Medicine And Medical Malpractice

Defensive Medicine And Medical Malpractice – UAE

Defensive Medicine And Medical Malpractice – UAE

Defensive Medicine And Medical Malpractice – UAE

Defensive Medicine can be defined by “is when medical staff order tests, procedures, or visits, or avoid high-risk patients or procedures, basically to reduce their liability to malpractice. When the medical staff do extra tests or procedures basically to reduce the liability to malpractice, these practices are positive defensive medicine. Wherein if they avoid certain patients or procedures, these are considered a negative defensive medicine.”

According to this definition, a medical practice is considered defensive if it is performed for other reasons (i.e., effectiveness of medical procedure, financial concerns, and to reduce medical uncertainty), provided that the primary motive is to avoid malpractice risk. Moreover, the motive need not be conscious, but over time some of medical practices may become ingrained in actual practice that the medical staff are unaware that liability concerns are the origin that motivated their use.

Consequently, malpractice liability concern pushes the medical staff tolerance for uncertainty about medical outcomes to very low levels. Wherein, liability concerns drive medical staff to perform more tests, medical procedures, and referral for specialist consultations while the expected benefits are very low.
Utilizing these medical technologies and services in order to reduce risk to the lowest possible level is probably very costly even when the price of the procedure is low, since it may needed for every case where its performance is essential to save the life of the patient, whereas there will be many additional cases where its performance is clinically inconsequential.

– Change of Malpractice lawsuit consequences:
A factor influencing the growing concern about the malpractice system is that the negative consequences to the medical staff of being sued are rising. For the majority of medical staff, one malpractice case has no significant impact on personal finances or professional position. Recent laws requiring reporting of medical malpractice claims before a medical committee. nevertheless, may increase the professional and financial significance of even a single lawsuit in the minds of medical staff.

– New Technology:
The increasing risk may arise from the continuous development of modern diagnostic techniques and improved therapies for serious conditions. These technological developments could make the consequences of not testing more serious.
The availability of early tests or more accurate or new therapies changes a natural risk, which make the risk of death from disease into a avoidable risk, and places a new burden on the medical staff to make the correct interpretation of the test results. Whenever a new medical technology is developed, the medical staff may become more uncertain about the appropriate indications for its use and therefore more conscious concern about the risk of liability.


The impact of any malpractice reform impact on defensive medicine is very difficult, because there is little understanding of which specific aspects of the malpractice system actually drive the medical staff to practice a defensive medicine.

The assessment of the impact of malpractice reforms on the practice of defensive medicine. Other impacts of malpractice reform may be as or even more important than defensive medicine, including impacts on:
• the quality of care,
• relationship of the medical staff-patient,
• the adequacy of compensation for medical injuries.
• the legal system access

Proposal of Recent Malpractice reform:
• increase use of clinical practice guidelines as the
• alternative dispute resolution (ADR),
• cam standard,
• enterprise liability,
• selective no-fault malpractice systems.

M&L Advocates & Consultancy
Attorney/ Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy Law Firm
One Of The Best Lawyers In Abu Dhabi Dubai UAE

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