When an expert committee’s findings are deemed final, does that mean they are truly beyond challenge?
This was the question at the centre of a recent case before the Federal Supreme Court – Cassation Division, where Alsuwaidi & Company successfully argued that judicial oversight remains a fundamental safeguard—even in cases where the law suggests otherwise.
This ruling is a significant step forward for medical liability cases in the UAE, ensuring that parties affected by flawed or overreaching expert reports are not left without legal recourse.
The Case: Testing the Limits of Judicial Review
Under Article 21 of Federal Law No. (4) of 2016 on Medical Liability, reports issued by the Supreme Medical Liability Committee are described as final and unchallengeable. Based on this provision, the Court of First Instance and the Court of Appeal dismissed our client’s claim, treating the committee’s findings as absolute.
However, we saw a critical legal flaw in this interpretation. If committee reports could never be reviewed, what would prevent errors or overreach from going uncorrected?
We argued that:
- Judicial oversight must extend to all administrative decisions, including expert reports, to prevent miscarriages of justice.
- No committee should have greater authority than the courts—treating their findings as immune from challenge contradicts constitutional principles.
- Denying affected parties, a chance to present counter-expert evidence or contest errors undermines fundamental due process rights.
A Landmark Decision: The Federal Supreme Court’s Ruling
Recognizing the critical implications, the Federal Supreme Court overturned the lower court decisions and ruled in favour of our client. The Court clarified that:
- Finality does not mean absolute immunity—when a report contains clear errors or exceeds legal authority, judicial review is warranted.
- Due process cannot be set aside—affected parties must have the right to challenge findings that impact their case.
- Judicial oversight remains essential—even in cases where laws state reports are final, courts must retain the ability to intervene in exceptional circumstances.
The case has been sent back to the Court of Appeal for reconsideration based on these principles.
What This Means for Future Cases
This ruling establishes an important precedent in medical liability cases, ensuring that:
- Courts maintain a check on expert committees to prevent potential overreach.
- Defendants have a legal avenue to challenge flawed findings, reinforcing fairness in litigation.
- Judicial oversight remains a pillar of justice, even in areas governed by specialized committees.
Strategic Medical Litigation at Alsuwaidi & Company
At Alsuwaidi & Company, our dispute resolution team operates across key sectors in the UAE, providing strategic representation in complex litigation and regulatory matters. We have cross-disciplinary teams with deep expertise in handling high-stakes disputes across various industries, ensuring comprehensive legal support tailored to sector-specific challenges.
In the medical sector, our team is led by Mohamed Elimam, a seasoned litigator with extensive experience in medical and healthcare disputes, including medical liability cases, regulatory compliance, and professional negligence claims.