Plastic surgeon’s obligation in UAE law between reality and expectations

Authors

  • Assistant Professor Doctor Aisha Obaid Rashid ALqaydi

DOI:

https://doi.org/10.35246/v2r05z74

Keywords:

plastic surgeon, medical responsibility, conduct, achieve a result, revision surgeries

Abstract

Cosmetic surgeries have increased recently, especially with the development of technology and the introduction of artificial intelligence to change human appearance without considering the risks and complications that may occur in the future. The main problem lies in the absence of a law or regulation that organazied the practice of this profession or specifying the responsibility of the plastic surgeon and the extent of his commitment to cosmetic surgeries. Especially the cosmetic ones, as reference is made to the rules of medical liability in the UAE issued in the year 2016 and its organizing regulations, or the UAE Civil Transactions Law, as this study came to clarify the position of the UAE law and judiciary on cosmetic surgeries while resorting in some places to the laws and comparative judiciary. This is done by explaining the nature of plastic surgery in the first section. The second section only dealt with the nature of the plastic surgeon’s obligation in the plastic surgery contract, and finally we present in the third section the plastic surgeon’s breach of his obligations, both morally and artistically, to arrive at several recommendations and results related to the research paper, including the necessity of establishing a law that regulates cosmetic surgeries of all kinds, and activating supervisory and judicial committees on private and governmental beauty centers in the United Arab Emirates.

Downloads

Download data is not yet available.

References

First: Jurisprudential References

i. Ibn Rushd; Muhammad Ibn A.H.med Ibn Muhammad Ibn Rushd Al-Andalusi, Abu Al-Walid: 1415 – 1994. Beginning of diligent and end of Al Muqtassid, Research Examiner: Muhammad Subhi Hassan Hallaq, Part Four.

ii. Ibn Manzur, Jamal Al-Din Abu Al-Fadl Muhammad Ibn Makram Ibn Ali Ibn A.H.med Ibn Abi Al-Qasim Ibn Habqa Al-Ansari Al-Masri, 630-711 A.H. 2005, Lisan Al-Arab, Sader Printing and Publishing, Beirut, fourth edition, third volume.

iii. Al-Balkhi, Nizam Al-Din, Hindi Fatwas, Dar Al-Fikr for Publishing and Distribution, second edition, Part Six, 1310 A.H.

iv. Al-Hanafi, AbdullA.H. Ibn MA.H.moud Ibn Mawdud Al-Mawsili, 1356 A.H. - 1937 A.D., Al-Ikhtiyar to explain Al-Mukhtar, comments: Mahmoud Abu Daqiqa (Hanafi Scholar and former teacher at Faculty of Fundamentals of Religion), Publisher: Al-Halabi Printing Press - Cairo, vol. 2.

v. Surat Al-Taghabun, verse 3.

vi. Al-Shatibi, 1943, Conformations in Islamic Jurisprudence (Al-Fiqh) by Al-Imam Abu Ishaq Ibn Musa Al-Lakhmi Al-Gharnati Al-Marouf, Grand Commercial Library, Cairo, edited by Abdullah Daraz, vol. 2.

vii. Shabir, Muhammad Othman, 2011, Provisions of Plastic Surgery in Islamic Jurisprudence, Faculty of Islamic Law and Studies, Kuwait.

viii. Al-Sherbini, Muhammad Ibn Ahmed Al-Khatib, Provide People with Proper Phrases, Author: Arabian Books House, Beirut, vol. 4.

ix. Al-Attar, Jamal Hamid, 2007, Decision of International Islamic Fiqh Academy regarding cosmetic wounds dated July 31, website: www.islamonline.net

x. Al-Awari, Abdel-Fattah Bahij Ali, 2010, Jurisprudential Rulings for Plastic Surgery in Islamic Jurisprudence, Faculty of Sharia and Law, Al-Azhar University, Law Books House, Egypt.

xi. Eid, Adel Abdel-Fadil, 2016, Decisions of Fiqh Councils on Contemporary Medical and Health Issues, University Education House, Alexandria,

xii. Fayed, Shaaban Al-Koumi Ahmed, 2006, Provisions of Beautification in Islamic Jurisprudence, New University House, Alexandria, first edition.

Second: General legal books

I. Al-Jumaili, Asaad Obaid, 2011, Malpractice in Civil Medical Liability, Dar Al-Thaqafa for Publishing and Distribution, Amman, second edition.

II. Al-Husseini, Abdul Latif, 1987, Civil Liability for Professional Malpractices, International Book Company, Beirut, first edition.

III. Al-Desouki, Muhammad Ibrahim, 1995, Legal Aspects of managing negotiations and concluding a contract, General administration of Research, Riyadh, Saudi Arabia.

IV. Rice, Muhammad, 2007, The Civil Responsibility of Doctors, Dar Houma, Algeria.

V. Rushdi, Muhammad Saeed, 2015, The Medical Treatment Contract, Dar Al-Fikr Al-Jami, Alexandria, Egypt.

VI. Al-Sanhouri, Abdel-Razzaq, 1971, The Mediator in explanation of Civil Law, Manshat Al-Marif, Alexandria, Part One.

VII. Al-Shawa, Muhammad Sami, 2003, Medical malpractice before the Criminal Court, Dar Al-Nahda Al-Arabiya, Egypt, first edition.

VIII. Abdel Ghaffar, Anas Muhammad, 2013, The Doctor’s Obligations towards the Patient, Dar Al-Kutub Al-Qaniya, UAE, Egypt.

IX. Al-Ajaj, Talal, 2011, The Civil Liability of a Doctor, Modern Book World, Jordan.

X. Ezz El -Din, Harazi, 2008, Civil Responsibility of surgical specialist in Algerian law and comparative law, Homa House, Algeria, first edition.

XI. Fateh Al-Bab, Muhammad Rabie, 2016, The Legal Nature of Medical Liability, Dar Al-Nahda Al-Arabiya, Cairo.

XII. Mohtaseb Bi-Allah, Bassam, Civil and Criminal Medical Liability, Dar Al-Iman, Beirut, first edition, 1984.

XIII. Masoumeh, Hamdi Abdel Rahman, 1987 A.D., Problems of Medical Liability and Organ Transplantation Research, Dar Al-Fikr Al-Arabi, Cairo.

XIV. Mansour, Muhammad Hussein, 2011, Medical Liability, New University House, Faculty of Law, Alexandria University.

Third: Specialized legal books

I. Al-Ahmed, Hussam Al-Din, 2011, Medical Liability in Plastic Surgery, Al-Halabi Legal Publications, Beirut, Lebanon, first edition,

II. Al-Jaf, Anwar Abu Bakr Hawani, 2010 A.D., legitimacy of plastic surgery and Doctors responsibility, Dar Al-Kutub Al-Qanunia, Egypt, first edition.

III. Hanna, Munir Riyad, 2021, Medical Malpractice in General and Specialized Surgeries, Dar Al-Fikr University, Faculty of Law, Alexandria.

IV. Hanna, Munir Riyad, 2011, Civil Liability of Physicians and Surgeons, Dar Al-Fikr Al-Jamei, Alexandria, first edition.

V. Refaat, Muhammad, 1984, Surgeries and plastic surgery, Knowledge and Publishing House, Cairo, fourth edition.

VI. Sahra, Daoudi, 2006, The Doctor’s Responsibility in Plastic Surgery, Master’s Thesis, University of Gosdi Merbah Warqalah, Algeria.

VII. Abd Al Illah, Rajab Karim, 2009, Civil Liability of Plastic Surgeons, a comparative study, Dar Al Nahda Al Arabiya, Cairo.

VIII. Fateh Al-Bab, Muhammad Rabie, 2016, The Legal Nature of Civil Liability of Plastic Surgeon, Dar Al Nahda Al Arabiya, Cairo.

IX. Farag, Hisham Abdel Hamid, 2007, Medical Malpractice, Dar Al Nahda, Cairo, first edition.

X. Al-Fadl, Munther. 1995, Medical Responsibility in Plastic Surgery, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2nd edition.

XI. Qazmar, Nadia Muhammad, 2010 A.D., Plastic Surgery, Legal and Sharia Aspects, Faculty of Law, Philadelphia University, Amman, Culture House, first edition.

Fourth: Scientific theses

I. Samia Bou Mediene, Plastic Surgery and Civil Liability, Master’s Thesis, Faculty of Law, Muhammad Bougara University, Algeria, 2012.

II. Fatima Abdel Karim Abdulla, 2023, Civil Liability arising from Plastic Surgery, Master’s Thesis, Dar Al Nahda Al-Ilmia, Cairo, first edition,

III. Al-Qazi, Rana, 2005, Plastic Surgery and Plastic Surgeon responsibility, Master’s Thesis, Lebanese University, Beirut.

IV. Mounira, Jarboua, 2002, Medical Malpractice between General Surgery and Plastic Surgery, Master’s Thesis, Faculty of Law, University of Algiers, p. 293

Fifth: Scientific periodicals and magazines

I. Khalil, Magdy Hassan, 2001, The effectiveness of patient satisfaction in medical contract, Journal of Legal and Economic Sciences, Egypt.

Fifth: Laws and regulations

I. Federal Law No. 5 of 1985 concerning Civil Transactions Code of United Arab Emirates issued on 15/12/1985, published on 29/12/1985, come into force as of March 1986. Official Gazette 158, fifteenth year.

II. Cabinet Resolution No. 40 of 2019 concerning executive regulations of Federal Decree Law No. (4) of 2016 concerning medical liability in United Arab Emirates, issued on 02/072019, published on 15/07/2019, come into force as of 16/07/2019, published in Official Gazette No. 658, forty-ninth year.

III. Federal Decree Law No. 4 concerning Medical Liability in United Arab Emirates, issued on 02/08/2016, published on 15/08/2016, come into force as of 15/08/2016, published in Official Gazette 601, forty-sixth year.

Sixth: Judicial rulings

I. Cassation No. 111 of Judicial Year 35, Court of Cassation - Civil, Arab Republic of Egypt, dated 26/06/1969, Technical Office No. 20, Part 2, Page No. 1075 [Overturn of Judgment and Referred], Rule No. 166.

II. Cassation No. 180 of 2022, Civil Cassation, Dubai Court of Cassation, in the public session held on 26/05/2022 at Dubai Court of Cassation.

III. Cassation No. 2119 of 2008 Judicial dated 14/05/2009, Court of Cassation, Hashemite Kingdom of Jordan, Civil Rulings.

IV. Cassation No. 219 of 2016, Civil Cassation, Court of Cassation, public session held on November 3, 2016 at Dubai Court of Cassation.

V. Cassation No. 385 of 2014 Judicial, Court of Cassation, United Arab Emirates - Civil Rulings - Civil Circuit - dated 29/10/2015, Technical Office No. 26, Part 2, Page No. 989 [Rejected] Rule No. 113.

Seventh: Foreign References

Bioethics, Justice and Healthcare-Wanda TEAYS and Laura M. Purdy-2001,

Downloads

Published

2024-06-15

How to Cite

Aisha Obaid Rashid ALqaydi. 2024. “Plastic surgeon’s Obligation in UAE Law Between Reality and Expectations”. Journal of Legal Sciences 39 (1): 220-57. https://doi.org/10.35246/v2r05z74.

Similar Articles

1-10 of 163

You may also start an advanced similarity search for this article.