What Are the Most Common Medical Errors in Saudi Arabia?
The preservation of human life and physical integrity is one of the core rights emphasized in Islamic law, which strictly forbids harm to the human body. As stated in the Holy Quran:
“Do not kill the soul which Allah has forbidden, except by right. This He has instructed you that you may use reason.”
Given this, ensuring the health and safety of individuals is a key objective of Sharia and a national priority in Saudi Arabia. Accordingly, the Kingdom has implemented the Health Professions Practice Law, which outlines how healthcare professionals should operate and defines the types of medical errors practitioners may commit. In this article, Al-Salamah Law Firm outlines the key medical errors as defined by Saudi regulations.
What is the Health Professions Practice Law in Saudi Arabia?
The Health Professions Practice Law was issued by Royal Decree No. (M/59) dated 4/11/1426H, and has undergone several amendments since. It governs licensing, duties of healthcare providers, legal liabilities (civil, criminal, and disciplinary), investigations, and jurisdiction.
Amendments to the Health Professions Practice Law
A proposed amendment to the law was introduced to streamline healthcare operations and support the freelance economy within the healthcare sector as part of Vision 2030. It was published for public consultation on May 25, 2025, with a deadline of July 3, 2025. You can participate in the consultation via this link.
Ministry of Health Licensing Requirements
Article 2 of the law states that practicing any health profession without a license from the Ministry of Health is prohibited. Licensing requirements include:
- Obtaining an approved qualification from a recognized medical, pharmaceutical, or health sciences institution.
- Completing the required internship and being medically fit.
- Registering with the Saudi Commission for Health Specialties.
- No prior convictions involving dishonesty or breach of trust (unless legally rehabilitated).
Private sector licenses are valid for two years and can be renewed. Licenses may be revoked under several conditions, such as contract expiration or changing specialty without ministry approval.
How Many Types of Medical Errors Exist in Saudi Arabia?
Medical errors in Saudi Arabia are divided into two categories:
- Non-professional Medical Errors
- Professional Medical Errors
Non-Professional Medical Errors
These errors are not directly related to the clinical act and include:
Practicing without a license
- Refusing treatment without valid justification (e.g., refusal based on race, religion, or gender is not acceptable).
- Lack of informed consent (Doctors must get patient approval unless it’s an emergency).
- Violating patient confidentiality, except in specific legal or public health situations (e.g., reporting communicable diseases or legal obligations).
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What is the Medical Malpractice System in Saudi Arabia?
The law also defines professional errors—those arising directly from medical acts—which include:
- Treatment errors or lack of follow-up
- Lack of required medical knowledge
- Performing unapproved experimental surgeries
- Testing drugs without proper consent
- Improper use of medical devices
- Lack of supervision or expert consultation
Medical Error Legal Proceedings in Saudi Arabia
Responsibility for handling medical malpractice cases transitioned from Health Committees to Public Courts in December 2022.
Transferred responsibilities include:
- Professional errors resulting in private rights claims (e.g., compensation or blood money).
- Errors causing death, disability, or loss of function.
- Institutional liability for professional errors.
Filing a Complaint:
- File a complaint with the healthcare facility or regional health authority.
- A medical committee reviews the case.
- Attempt at amicable settlement.
- If unresolved, the case is electronically referred to the courts.
- Judgment is issued remotely.
Al-Salamah Law Firm plays a crucial role in handling malpractice cases—whether affecting individuals or healthcare institutions. With deep expertise in analyzing medical facts, offering precise legal consultations, and representing clients before judicial authorities, the firm ensures legal protection and justice under the Health Professions Practice Law in Saudi Arabia.
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