Medical Malpractice Cases in Saudi Arabia: Liability and Filing a Claim

Legal Article

8/18/20264 min read

What Is Medical Malpractice under Saudi Law?

For the purposes of this article, medical malpractice refers to a professional healthcare error committed by a healthcare practitioner in the course of professional practice that results in harm to a patient. The assessment of such an error depends on whether the practitioner exercised the degree of careful attention required in accordance with generally accepted scientific and professional standards, rather than merely on whether the intended treatment outcome was achieved.

Accordingly, a medical complication or an adverse treatment outcome does not, by itself, constitute medical malpractice. It is necessary to establish a breach of the applicable professional duties or standards, actual harm, and a causal relationship between the breach and the resulting harm.

Forms of Professional Healthcare Error

Examples of professional healthcare error include:

An error in treatment or inadequate follow-up.
Lack of knowledge of technical matters that a practitioner in the same specialty would reasonably be expected to know.
Performing experimental or unprecedented surgical procedures on human beings in violation of the applicable rules.
Conducting unapproved experiments or scientific research on a patient.
Administering medication to a patient on a trial basis.
Using medical instruments or equipment without sufficient knowledge of their proper use, or without taking the precautions necessary to prevent harm resulting from such use.
Failure to exercise adequate supervision and oversight.
Failure to consult or seek the assistance of another practitioner where the patient’s condition requires it.

Any condition that limits or exempts a healthcare practitioner from liability is void.

Liability Arising from Medical Malpractice under Saudi Law

Liability for Compensation

Where a healthcare practitioner commits a professional healthcare error that causes harm to a patient, liability for compensation may arise in accordance with the applicable laws. The nature and amount of compensation depend on the circumstances of each case, the nature and extent of the harm, and the established causal relationship between the professional error and the resulting damage.

Disciplinary Liability

A healthcare practitioner may be subject to disciplinary action for breaching professional duties or committing a professional violation. Disciplinary penalties under the applicable healthcare regulations may include a warning, a fine not exceeding SAR 10,000, or revocation of the professional licence and removal of the practitioner’s name from the register of licensed practitioners.

Criminal Liability

Not every medical error automatically gives rise to criminal liability. Criminal liability arises where the conduct in question constitutes an offence punishable by law. The Law of Practicing Healthcare Professions provides criminal penalties for certain specified acts and violations, without prejudice to any more severe penalty prescribed under other applicable laws.

Procedures for Filing a Medical alpractice Claim in Saudi Arabia

Medical malpractice cases generally proceed through a number of stages, beginning with the filing of a complaint and a medical review of the incident, followed by an attempt to resolve the dispute amicably before referral to the competent court where settlement cannot be reached.

Medical records, reports and other relevant documentation are particularly important in these cases because the dispute often involves technical medical issues that require specialised assessment.

Filing the Complaint

A complaint may be submitted to the healthcare facility where the alleged malpractice occurred or to the relevant health authority supervising the facility. The Ministry of Health also provides the 937 service for submitting and following up complaints and reports.

The complaint should, where possible, include sufficient details of the incident, the healthcare practitioner or facility concerned, and any available medical reports, records and supporting documents relevant to the matter.

Expert Review of the Complaint

Following submission, the complaint is reviewed by a committee of qualified experts to assess the medical circumstances of the case and determine whether the conduct in question was consistent with generally accepted professional and scientific standards.

Medical expert opinion plays an important role in this type of dispute because determining whether a professional healthcare error occurred, and whether it caused the alleged harm, will often require a technical assessment beyond the mere occurrence of an adverse treatment outcome.

Amicable Settlement

Following review of the complaint, an amicable settlement may be offered to the parties. If a settlement is reached, the dispute is resolved within the scope of the agreed terms. If settlement cannot be achieved, the matter proceeds to referral to the competent judicial authority.

Referral to the Judiciary

Where an amicable settlement cannot be reached, the complaint is referred electronically to the judiciary for adjudication. The parties may submit their supporting documents, medical reports and legal arguments, and specialised medical expertise may be obtained where required by the circumstances of the case.

Competent Court and Adjudication

Jurisdiction over professional healthcare malpractice claims has been transferred from the former Sharia Medical Panels to the general judiciary. Medical malpractice claims are considered by the competent judicial circuits of the General Court in Riyadh.

The court examines the facts of the case, the evidence and medical reports, together with any expert opinions submitted or obtained, and determines liability on the basis of the evidence established before it. Judgments remain subject to the applicable statutory procedures for appeal.

Sources

Law of Practicing Healthcare Professions (Saudi Arabia).
Law of Civil Procedure (Saudi Arabia).

Medical malpractice cases involve both medical and legal considerations. An adverse treatment outcome alone is not sufficient to establish liability. It is necessary to determine whether a professional healthcare error occurred, whether the patient suffered harm, and whether there is a causal link between the error and the resulting harm.

Saudi law regulates the liability of healthcare practitioners for professional errors committed in the course of providing healthcare services and sets out the principles governing such liability and its legal consequences. Claims arising from medical malpractice may require a careful review of the facts, medical reports and records, as well as expert medical opinion where necessary.

This article examines the concept of medical malpractice under Saudi law, the main forms of professional healthcare error, the procedures for filing a complaint and bringing a claim, and the types of liability that may arise from such errors.