In focus: What is the medical liability draft law?

CAIRO – 2 April 2020: Many parliamentarians demanded to speed the issuing of the medical liability draft law, as it is considered one of the most important and urgent laws that identify the medical error and negligence that entail criminal responsibility.

Three draft laws, submitted by MPs Magdy Morshed, Elizabeth Shaker and Ayman Abul Ela, were referred to the Parliament's Health Affairs Committee.

The draft laws stipulate the establishment of a higher committee to receive complaints and investigate service providers, obligating them to provide compulsory insurance for their employees so that the affected patient can get their financial compensation.

The draft laws also stipulate:

1- The formation of a higher committee for medical liability.

2- Holding doctors accountable in the presence of a large number of doctors in the committee, which receives a report that details whether the mistake committed is a medical error or has come as a result of negligence.

3- Medical service providers shall not be arrested or taken into custody due to acts attributed to them during the performance of their work, except by an order of the public prosecutor.

4- A punishment is not imposed in cases that fall under the umbrella of this law, where a breach of medical responsibility is proven in accordance with the final report of the Medical Liability Reporting Authority, and these cases are only considered for civil compensation.

5- In case the workplace of the doctor violates the medical and professional standards, it will be punished by fine not less than the value of the compensation determined by the court or a fine not less than LE 50,000, whichever is more. If the doctor refrains from testifying before court or hides any details during investigation, the doctor will be punished according to the penal code.