The Compensatory Principles and Provisions in Relation to Medical Harm in Saudi Arabia

Abstract

Basing its legal system on Islamic law, the prevailing view in Saudi Arabia is that the provision of healthcare is an obligation of the state. For this obligation to be fulfilled, it is essential that the compensation process for medical harm and negligence is fair and transparent. However, defects exist in the contemporary medical compensation system in Saudi Arabia, and these have not previously been explored. Consequently, this thesis investigates the Saudi compensation system for medical harm and negligence, with a view to proposing legal and procedural reforms that will ensure fair compensation. To achieve this goal, the thesis analyses the principles of compensation in Islamic theory through an in-depth analysis of the provisions of the Quran, Hadith, and existing literature. In addition, the thesis analyses and critiques the findings of a qualitative empirical study, wherein semi-structured interviews were conducted with doctors and lawyers in Saudi Arabia to examine the compensation system in practice. The findings reveal defects arising from the practical application of the compensation system, due to the ambiguity of the medical negligence concept, the rate of compensation, and the current timescales and procedures for litigation. Consequently, improvements to the Saudi compensation system are recommended. Specifically, based on the research results, Article 34 of the Saudi compensation law should indicate the type of harm covered under the compensation system, and its Article 40 should propose the timeline and procedures for the compensation process.