Significant Developments Made to the Medical Liability Law

    • 22 Oct 2022
    • Author :
    The Medical Liability Law, as amended in 2019, provided essential details interpreting the Law. It also clarified the rules and procedures that have to be followed by health care facilities, medical practitioners, and the medical liability committee in determining whether or not these standards have been met. One of the most crucial parts of the 2019 Resolution was the clarity it gave to "Gross Medical Error" 
    Article 5 of the 2019 Cabinet Resolution provided the important context of Gross Medical Error - an error committed by practitioners of the medical profession because of the following reasons:

    1. Unacceptable unfamiliarity with established medical standards

    2. Adoption of medically unrecognized methods

    3. Deviation from standards and rules of practicing the profession

    4. Medical practitioners conduct treatment while intoxicated or under the influence of drugs or psychotropic substances.

    5. Medical practitioners practicing beyond the scope of their specialization.

    6. Diagnosing or administering treatment that the physician is not qualified to do.

    Medical Liability Committee
    Articles 9 to 15 of the 2019 Resolution gave details concerning the formation of the Medical Liability Committee together with the procedures and rules that the Committee should observe.
    The Medical Liability Committee shall consider the complaints and assess the following:
              1. The criteria where the complaint is based to assess whether the error was "gross medical error".
              2. The elements listed in the complaint that affirms the presence of gross medical error;
              3. The type of error and damage.
    Articles 9 discussed the Health Authority's establishment and the Committee's members. The provision states that a health authority shall be established by a resolution issued by the Head of the Health Authority or the Minister of the Ministry of Health & Prevention. The Committee members shall include doctors and specialists selected by the Health Authority, and their decision will appoint the Committee Chairman, his deputy, rapporteur, and members. The term of membership will likewise be specified.
    Technical Committee
    The Committee can seek the opinion of one or more doctors from different specialties. Other views of specialized doctors can also be considered depending on the nature of the case. Technical Committees can be made, which can either be one or more. The Committee shall include specialized doctors, whose opinions will be weighed in without counting their votes. To complete administrative tasks connected with the Committee's work, an organizational unit can be assigned or created by the Health Authority.


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