THE MEDICAL ERROR IN THE LAW OF THE KINGDOM OF SAUDI ARABIA (COMPARATIVE STUDY)

Abstract

This dissertation examines the reality of medical error in Saudi law and the extent of its clarity and validity to protect patient’s rights. This dissertation provides a comparative analysis of the concept of medical error and who could be held liable for medical error under Saudi law in comparison with Islamic law and some other nations laws. It seeks to achieve and overcome the contradiction regarding medical error in Saudi law to make it easier for the patient and healthcare provider to know their rights and duties. In addition, the author examines the establishment of civil liability of health care provider when patients are harmed as a result of their negligence. This dissertation thus discusses the criteria for determining medical error under Saudi Law and ways to prove the civil liability of the health care provider and explain the difficulty proving some medical errors in cases such as the failure to obtain the patient's informed consent and misdiagnosis. This dissertation aims to amend the Saudi Law Practicing Healthcare Professions in Saudi to expand patient’s rights in the Kingdom of Saudi Arabia. The amendments proposed by the author of this dissertation are to clarify the concept of medical error in Saudi law, remove the contradiction about who commits the medical error under Saudi law, and also enable health care provider liability when patients are harmed as a result of their negligence involving failure to obtain informed consent or misdiagnosis.