1st Egyptian Medical Liability draft law to regulate abortion

CAIRO – 3 December 2017: Parliament's Health Affairs Committee will resume on Sunday the discussion of the first Medical Liability draft law, presented by MP Ayman Abul Ela.

This law clarifies under what circumstances abortion procedures can be carried out. Abortions are considered legal in two circumstances – if the mother’s life is at risk because of the pregnancy or if the fetus has a disorder that makes it "incompatible with life." Abortion is illegal in all other circumstances and cannot be opted into.

Under this law, abortion surgery should only be performed by a specialist in gynecology and obstetric and the pregnant woman should receive the consent of the treating doctor that her case requires an abortion.

The treating doctor should also release a detailed report determining the reason for the abortion. The husband's consent is not required in emergency cases.

The new Medical Liability Law will provide a legal framework for permissible abortions that are compatible with the Islamic law.

Egyptian law states that women who choose to have an unsanctioned abortion could face a prison sentence ranging from six months to three years, according to article 262 of the Penal Code.

To put an end to medical negligence, the draft law states that the doctor shall be legally punished if he/she commits a medical error as a result of ignorance, negligence or lack of due care for the patient.

A doctor does not have the right to end the life of the patient even upon their request or their guardian's request.

The draft law also states that cloning is completely forbidden and there must be regulations of the processes of reproduction and implantation of embryos.

According to this law, a high committee will be established to receive complaints from patients and investigate them. It also obligates medical service providers to maintain compulsory insurance for their patients against medical errors in order to make sure that the patients will receive the financial compensation in case any error occurs.

Such law is intended to prevent any abuse that occurs, mostly in the private sector.