Medical errors are considered natural occurrences due to the fact that the treating physician or healthcare practitioner is human and thus prone to making mistakes. Additionally, medical errors can occur due to negligence or carelessness on the part of the healthcare provider. In such cases, the patient has the right to seek compensation for the damage caused. The Ministry of Health in Saudi Arabia has reported over 2,500 medical errors annually within the Kingdom.
Medical Errors in the Saudi System
The Law on Practicing Healthcare Professions in Saudi Arabia defines medical error in Article 27 as “any professional health mistake committed by a healthcare practitioner that causes harm to the patient; the perpetrator is obligated to compensate.” The compensation amount for the affected party is determined by the Shariah Health Committee, as stipulated by the system.
Medical errors are legally punishable in Saudi Arabia, with severe penalties imposed on those negligent in providing healthcare services. These penalties apply to doctors, nurses, and other healthcare providers in the Kingdom.
Examples of Medical Errors in the Saudi System
When a medical error occurs in any of the following ways, the treating physician or healthcare provider may be held accountable. There are three types of responsibility: criminal, disciplinary, and civil. Here are some examples of medical errors:
- Errors in treating the patient or neglect in following up on the treatment.
- Experimenting with medication on a patient.
- Failure of the physician or provider to supervise and monitor the patient.
- Conducting unapproved scientific research or experiments on the patient.
- Lack of knowledge by the physician of certain technical aspects that they should be aware of.
- Performing an experimental surgery on a human that has not been done before, which violates regulations.
- Failing to consult with another physician or specialist when necessary for the patient’s condition.
- Using medical equipment without sufficient knowledge of its use, or using it without adequate precautions to prevent harm.
Penalties for Medical Errors in the Saudi System
Penalties for medical errors in Saudi Arabia vary depending on the severity of the error, the reasons behind it, and the type of responsibility involved. The penalties include:
Civil Penalties:
The healthcare provider responsible for the medical error is required to pay compensation or “diya” (blood money) to the harmed party. The compensation amount is determined by a committee based on the extent of the harm caused. Here are some compensation guidelines:
- For death due to a medical error, the compensation can reach up to SAR 300,000 but not exceed that amount.
- For loss of a body part due to a medical error, the compensation also does not exceed SAR 300,000.
- Public rights are compensated with SAR 200 for each medical error, according to the Saudi system.
Disciplinary Penalties:
These may include a fine of up to SAR 10,000 or a warning to the healthcare provider. In some cases, the practitioner’s license may be revoked, or the healthcare provider may be struck from the licensed medical professionals’ register.
Criminal Penalties:
Criminal responsibility involves holding an individual accountable for their actions, knowing full well the consequences and acting without coercion or threats. In cases of criminal medical errors, the law imposes prison sentences of up to six months and fines of up to SAR 50,000. The judge may impose both penalties together.
Penalty for Medical Negligence in Saudi Arabia
According to Article 28, if a healthcare provider violates the Law on Practicing Healthcare Professions or commits a medical error, they may face up to six months in prison and a fine of up to SAR 100,000. The punishment is applied unless a harsher penalty is provided for by other laws. Medical errors that are subject to this penalty include:
- Practicing healthcare without a license.
- Falsely claiming titles reserved for licensed healthcare practitioners.
- Refusing to treat a patient without a valid or acceptable reason.
- Submitting false or misleading information to obtain a license to practice.
- Possession of equipment typically used in healthcare by unlicensed individuals.
- Using false advertising to suggest that the individual has the right to practice healthcare when they do not.
- Engaging in the trade of human organs or conducting organ transplants with organs obtained through illegal means.
Conclusion
In most cases, compensation for medical errors in the Saudi system is the responsibility of the physician or healthcare provider. However, in some situations, the hospital may be liable for compensation, especially if multiple errors occur simultaneously, if there are repeated complaints of medical errors from the same hospital, or if the error is the result of negligence by an entire medical team rather than just one individual.
