A Comparative Study Between the United Kingdom and the Kingdom of Saudi Arabia Regarding the Litigation Procedure in Medical Negligence

Abstract

The law in the United Kingdom (UK) differs from the law in the Kingdom of Saudi Arabia (KSA), but some parts are similar, which means the countries could benefit from each other. The KSA’s Medical Law is an emerging law compared to the UK. The litigation process for medical errors is key to ensuring a fair, fast and accessible justice system. Litigation procedures and compensation are growing cultures in the KSA and UK. The medical negligence requirements are also similar in both legal systems, including the duty of care, breach of the duty of care, damages and proof of causation. However, interventions are needed to shorten the duration of litigation in both legal systems, as medical claims require more time to reach a judgment. Moreover, medical claims and compensation are costly in the UK compared to the KSA. Financial limits for compensation and maximum expert fees and legal fees are potential strategies for controlling the cost of medical errors that seem to work well in the Saudi model. However, there is a need for greater transparency in the documentation and dissemination of disputed medical errors in the KSA.