Page 3 - Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree Law No. (4) of 2016 on Medical

Article (4)

1. Conducting medical research or experiments on a person is only allowed after obtaining his/
her approval and obtaining a written permission to do so from the competent authority that is
specified by virtue of a decision of the Minister in coordination with the Health Authorities;
2. The Minister, after coordination with the Health Authorities, shall issue a decision regarding
the controls, rules and procedures regulating the conduct of medical research and experiments
on humans.

Article (5)

1. A Medical error is considered ‘gross’ if it causes death to a patient or a fetus, accidental
removal of an organ, loss of organ function, or any other gross damage, including the existence
of one of the following criteria that the medical error results from:
a. Extreme ignorance of the recognized medical principals as per the degree and
specialization of the profession practitioner;
b. Following a method that is not medically recognized;
c. Unjustified deviation from the medical rules and code of practice in practicing the
profession;
d. The physician is drunk or under the influence of anesthesia, or a psychotropic substance;
e. Gross negligence or lack of clear vigilance in following the standard medical procedures,
such as leaving medical tool inside a patient’s body, giving a patient an overdose of a
medicine, failure to switch on a medical equipment during or after performing the surgery,
resuscitation, delivery or not giving a patient the medically appropriate medicine or any
other acts that may be deemed gross negligence;
f. Intentionally practicing the profession out the scope of specialization or clinical privilege
that the doctor enjoys under his/her license;
g. The physician, without medical supervision, issues a diagnosis or administers treatment in
which he/she is not qualified or trained to do.
2. The Committee and the Higher Committee, each within the limits of its competence, shall
consider complaints and grievances related to medical errors, and determine the following:
a. The criterion upon which the grievance is based to consider that the medical error that has
occurred is a gross medical error;
b. The elements mentioned in the file that confirm the existence of a gross medical error;
c. Determine the type of damage and error.

Article (6)

The profession practitioner shall submit to the Health Authority any data or information about the
patient that he/ she has accessed while practicing the profession or that the patient has given, as
per the following terms and conditions:

1. The existence of a written request from the Health Authority, and that the purpose of providing
such data and information is to protect public health;
2. The data and information required to be disclosed must be precise;

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