How to Take Legal Action in Case of Medical Harm in Saudi Arabia
Patients receiving medical treatment may be exposed to medical errors or negligence that result in physical, psychological, or financial harm. To address this, the Saudi healthcare system provides clear legal mechanisms to hold healthcare professionals accountable and compensate affected patients.
What Is Medical Malpractice?
Medical malpractice refers to harm caused to a patient due to a mistake, negligence, or breach of duty by a healthcare practitioner during diagnosis, treatment, surgery, or post-care follow-up.
Common examples include:
- Incorrect diagnosis leading to deterioration
- Surgical error (wrong site or contaminated tools)
- Wrong prescription or overdose
- Unreasonable delay in providing care
Who Handles Medical Malpractice Cases in Saudi Arabia?
There are three primary authorities that investigate and adjudicate medical error claims:
- Health Legal Committee (الهيئة الصحية الشرعية) – The highest authority under the Ministry of Health to adjudicate medical errors.
- Medical Violations Committee – Handles complaints against individual practitioners.
- General or Labor Courts – If the claim involves significant compensation or major damages.
Legal Steps After a Medical Error
1. Document the Incident Thoroughly
Gather all possible evidence: medical reports, X-rays, lab results, names of doctors, and follow-up records.
2. Submit a Formal Complaint
File a complaint through:
- 937 Call Center (Ministry of Health)
- MOH E-Complaint Portal
- Or in-person at your local Health Affairs Directorate
3. Obtain a Neutral Medical Report
It’s recommended to seek an external opinion from another hospital or doctor to confirm the malpractice.
4. Referral to the Health Legal Committee
The committee will conduct a formal hearing, investigate the incident, listen to witnesses, and review medical expert reports.
5. Claim Financial Compensation
Victims may claim compensation for physical, psychological, or material damages. The amount is determined by the judge based on the severity of harm.
Can Doctors Defend Themselves?
Yes. The practitioner or hospital has full legal rights to present evidence and justifications. Defense is granted under the Saudi Law of Practicing Healthcare Professions.
Potential Penalties for Medical Malpractice
- Official warning or reprimand
- Fines up to SAR 200,000
- Temporary or permanent license revocation
- Imprisonment in cases of gross or repeated errors
- Mandatory compensation to the patient
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Is There a Time Limit to File a Claim?
There is no official statute of limitations in the law. However, it’s advised to file your claim within one year from the date of the incident to ensure evidence is preserved and the process is manageable.
Final Thoughts
If you’ve experienced harm due to a medical error in Saudi Arabia, don’t hesitate to act. The law places the patient at the center of protection. Start by documenting everything, file your complaint through the correct channels, and consult a qualified medical malpractice attorney to help you claim your full legal rights.
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