Egypt: New Medical Malpractice Law for Healthcare Professionals

Egypt: New Medical Malpractice Law for Healthcare Professionals

New Medical Malpractice Law

The new medical malpractice law received ratification from the Senate of Egypt known officially as the draft law for Medical Responsibility and Patient Protection while creating an extensive legal framework for medical accountability and patient rights within Egypt. The law gained approval from the Senate even though the Egyptian Medical Syndicate persistently denounced it as harmful to medical practice.

Overview of the Draft Law

The Medical Responsibility and Patient Protection draft law aims to enhance the relationship between health care providers and patients while providing more straightforward guidelines concerning medical liabilities.

The Key Feature:

Creating an apex body to monitor matters of medical liability by the Supreme Committee for Medical Responsibility, which will ensure that a patient and physician alike have an avenue to appeal. The new medical malpractice law seeks to shield physicians against inappropriate punitive action while simultaneously ensuring patient grievances are handled correctly.

Definitions of Medical Errors:

The law defines medical errors distinctly, allowing a comparison with known medical complications. This is a critical ruling whereby medical complications are outcomes of accepted medical operations, and therefore, no blame can be accorded to the doctor.

Penalties for Medical Errors:

Under the law, the offenders focus on hard penalties against healthcare workers guilty of any harm resulting from their medical errors. To illustrate this, the punishment for the offending act could include imprisonment for the period varying from six months to ten years if the patient dies because of gross negligence.” Medical Concerns

In opposing the draft law, Egyptian Medical Syndicate voiced its dissatisfaction that the law does not properly distinguish between medical errors and complications. They feel that this lack of distinction would leave physicians open to unfair criminal consequences. The union has warned that the law might inadvertently resort to “defensive medicine,” where doctors would refrain from taking on high-risk cases to stave off legal actions, thereby compromising patient care.

In addition, the union has called for an emergency general assembly to be held for the sake of organizing opposition against the draft law, arguing that there is a need for a collective front to protect the rights of healthcare providers and maintain their dignity as professionals in Egypt.

Defense by the Government

In defense of the draft law, Minister of Health Khaled Abdel-Ghaffar emphasized that the legislation aims to balance patient rights with medical service obligations. He clarified that the law reflects extensive consultations and reviews of international legal standards, carefully adapted to align with the Egyptian constitution and legal framework. The government opines the law as ensuring a greater degree of trustworthiness in medicine since it sets mutually defined responsibilities and areas for protection.”

The Senate passed the draft law, which will now be sent to the House of Representatives for further scrutiny. Here, it can be amended or rejected according to inputs raised by various stakeholders, namely, the medical profession and patient support groups.

Egypt made a substantial step to refine medical responsibility and patient protection through its passed draft law as professionals analyze the effects on medical practices and interpersonal relations between doctors and patients.

This article offers a general overview of the subject matter and is not a substitute for legal advice. For guidance tailored to your specific circumstances, professional consultation is recommended.

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