Medical error cases in Saudi Arabia
The importance of the system is evident in protecting the rights of individuals and providing justice. In healthcare, medical errors are a vital issue that poses complex legal challenges, since the issue of medical errors is both a legal and ethical challenge. The Saudi system seeks to define responsibilities and achieve justice in the event of medical errors, with a focus on patient protection and the quality of service and health care provided.
Definition of medical error
Medical error is defined as a doctor’s violation and departure from the rules and principles recognized in the medical profession, and therefore it is a deviation from medical standards and controls that lead to harm to the patient, whether this harm is physical, psychological, or moral.
View the actions that fall under the category of medical error according to the health professions practice system
Any condition that includes identifying or exempting the health practitioner from liability is invalid.
Accordingly, if the health practitioner commits any of the aforementioned acts, he must file a lawsuit to demand all legal rights in exchange for what was done by the health practitioner, taking into consideration proving the incident by all means of proof stipulated in the proof system in the Kingdom.
Medical error cases in Saudi Arabia
Types of medical errors
Types of medical error are divided into four sections:
The doctor’s negligence in treating the patient, or failure to take the necessary medical measures to save his life or health.
The doctor makes an error in diagnosing the patient’s condition, which leads to the patient receiving the wrong treatment.
The doctor performed surgery incorrectly, resulting in injury or death to the patient.
The doctor gives the patient medication or treatment that is not appropriate for his condition, which leads to harm to him.
The difference between medical error and medical negligence?
A medical error is defined as an error that occurs unintentionally, i.e. inadvertently and unintentionally by members of the medical team. The error may sometimes occur as a result of stress or fear or due to a lack of full knowledge and awareness of the procedures necessary to follow and take them.
While medical negligence: is the doctor’s neglect and negligence of the patient’s condition and injury as a result of his lack of sufficient experience that enables him to carry out his duty to the fullest extent, or the doctor’s negligence of the patient’s condition, as negligence cannot occur by a doctor who is aware and alert to the patient’s condition, in addition to the fact that medical negligence is a failure to provide appropriate health care, whether by the doctor or the medical staff.
Medical error cases in Saudi Arabia
Penalty for medical error in the Saudi system for practicing health professions?
Penalties are divided into:
Criminal penalty: The doctor shall be criminally responsible for all medical errors he commits in accordance with the text of Article (31) of the system for practicing medical professions related to medical errors in the Kingdom. These penalties are represented by imprisonment for a period of not less than six months or the imposition of a financial penalty of not less than (50) thousand Saudi riyals. The doctor may be punished with both penalties if the Sharia Medical Authority finds it necessary to do so.
Civil penalty: The perpetrator of a medical error is obligated to pay financial compensation or blood money, and its assessment is up to the committee, which determines the amount of financial compensation and blood money.
Disciplinary penalty: This includes a fine not exceeding ten thousand Saudi riyals. It may include a warning, revocation of the doctor’s license to practice the profession, or removal of his name from the doctors’ register.
How to prove medical error
Proving the existence of a medical error depends on a number of criteria and steps that are usually followed in medical and legal cases. To prove medical error, the following elements must be present:
Relationship
Adapting the lawsuit
Damage
Procedures for filing a medical error lawsuit in the Kingdom of Saudi Arabia
If you are harmed by a medical error in Saudi Arabia, you have the right to file a compensation lawsuit in the general courts. The method for filing a medical error complaint is initially by following the following procedures:
The complaint shall be submitted to the health facility where the medical error occurred, or to the health affairs affiliated with the facility where the violation occurred.
The complaint is referred to a committee of specialized experts for consideration, study, and medical professional opinion. A detailed report is submitted on the incident and the condition to which the patient was exposed.
The amicable settlement will be presented first, and you will then attend the settlement session and listen to the other party.
If reconciliation between the two parties is not possible, the complaint will be referred electronically to the competent judiciary.
The competent court hears the cases, and an expert report may then be used. If the plaintiff is able to prove that the medical error occurred, a compensation award will be issued, or the case will be dismissed if he is unable to prove it.
The statute of limitations for a claim for compensation for medical error
According to the Civil Transactions Law issued by Royal Decree No. (M/191) dated 11/29/1444 AH:
“The claim for compensation arising from the harmful act shall not be heard after the expiry of (three) years from the date on which the injured party became aware of the occurrence of the damage and the person responsible for it. In all cases, the lawsuit shall not be heard after (ten) years have passed from the date of the damage.”
That is, the statute of limitations is three years from the date the injured party became aware, and ten years from the date the medical error occurred.
Consulting a medical error lawyer from Abdul Majeed Al Rashid Law Firm and Legal Consultations explains the legal procedures when a medical error occurs, including how to file a lawsuit, collect medical documents and reports, and follow up on the case until it is settled or a compensation ruling is issued in your favor.
Medical error cases in Saudi Arabia
Some frequently asked questions about medical errors in the Saudi system:
Does medical error have compensation?
Yes, Article (27) specifies that any medical error resulting from a health practitioner that caused harm to the patient must be compensated by the perpetrator.
How much is the amount of medical error compensation in Saudi Arabia?
The estimate is due to the judiciary according to each case, and compensation is estimated according to the extent and severity of the error.
Are there legal costs for medical malpractice claims?
Yes, there are legal costs for medical error claims as medical errors are subject to the legal costs system.
Is the doctor held accountable for medical error?
Yes, the doctor is held accountable for medical errors he commits against the patient
What is the doctor’s responsibility for medical error towards the patient?
The doctor’s obligation to the patient is an obligation to provide care, not to achieve results. The doctor must do everything in his power to help the patient, but he is not obligated to achieve results. However, if the doctor fails to provide the care required of him, makes a mistake, even unintentionally, or neglects his patient, he must be held accountable for the medical error.
How do I file a complaint against a hospital due to a medical error?
A complaint against a private hospital due to a medical error is filed electronically through the official website of the Saudi Ministry of Health.
How to prove medical error?
The complaint is referred to a committee of specialized experts to conduct an investigation and provide a professional medical opinion, and a report is prepared accordingly. An amicable settlement is presented first, and a settlement session is held to hear from the other party. If no settlement is reached, the complaint will be referred electronically to the competent judicial authority. The court reviews the case and relies on the expert report.
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