The syndicate plans to hold a general assembly on 3 January to discuss its next steps against the law.

Minister of Parliamentary and Legal Affairs and Political Communication Mahmoud Fawzy, who participated in a Senate session on the proposed law, said it aims to enhance trust between doctors and patients while improving healthcare service quality. In a statement issued by the cabinet, Fawzy noted Minister of Health Khaled Abdel-Ghaffar's participation in the committee discussions, underscoring the draft law's importance to the government.

Fawzy highlighted the establishment of the Supreme Committee for Medical Responsibility as a safeguard for physicians. He added that the draft law balances all stakeholders' rights and responsibilities, granting patients and doctors the right to appeal committee decisions. It also allows for settlements in case of medical errors and includes provisions to protect healthcare workers from assaults.

Fawzy reassured the public that physicians adhering to established scientific practices would not face accountability under this law. As per scientific standards, known medical complications would also be excluded from liability. He clarified that no direct link exists between medical errors and known complications, which do not incur legal responsibility.

Key provisions of the draft law
 

According to the Egyptian cabinet's statement, the draft law introduces precise definitions of medical errors and explicitly outlines scenarios in which medical professionals are not held accountable.

These scenarios include when the harm to the patient is a recognized medical complication within the standard practice of the profession, when the physician's approach aligns with established scientific principles even if it differs from the practices of peers in the same speciality, and when the harm results from the patient’s actions, such as refusal of treatment or failure to follow medical advice.

Additionally, the law defines a medical error as any act by a physician — or omission of a necessary procedure — that deviates from established scientific principles, ethical codes, or professional standards issued by the Egyptian Health Council or relevant bodies.

According to Fawzy, the Medical Responsibility Committees established under the law will have professional and administrative roles. These committees will not infringe upon the jurisdiction of the Public Prosecution in cases involving medical misconduct. Investigative bodies retain the right to seek expert opinions from specialized entities, including the Supreme Committee for Medical Responsibility.

According to the draft law, patients or other affected parties have two avenues for filing complaints. They can submit a complaint to the Supreme Committee for Medical Responsibility or file a formal report with the Public Prosecution, as guaranteed by the Constitution.

One controversial provision that has raised concern among doctors stipulates that healthcare providers found guilty of causing a patient's death due to medical error under the new legislation will face a minimum of six months in prison, a fine of up to EGP 100,000, or both. The penalties escalate for more severe cases.

If the medical error is deemed gross negligence or if the healthcare provider was under the influence of alcohol or drugs at the time of the incident or failed to assist the victim despite being able to do so, the punishment increases to imprisonment for a minimum of one year and up to five years, and a fine between EGP 100,000 and EGP 500,000, or both.

In cases where a medical error results in the death of more than three individuals, the sentence will range from one to seven years of imprisonment. If additional aggravating circumstances are present — such as those outlined in the previous clause — the sentence can extend to a maximum of 10 years.

Doctors’ Syndicate rejection
 

According to a statement issued by the Egyptian Doctors’ Syndicate shortly after the Senate’s approval, the draft Medical Responsibility Law fails to distinguish adequately between medical complications and medical errors, a distinction often manipulated in practice. The syndicate emphasized that most countries do not impose imprisonment for medical mistakes, considering it illogical to equate doctors trying to save lives with individuals committing intentional harm.

In a statement, the syndicate warned that if the law is passed in its current form, it could push doctors towards practising "defensive medicine." This approach would lead physicians to avoid handling complex or high-risk cases, which could reduce treatment opportunities for many patients and ultimately harm the healthcare system, it added.

The syndicate has invited all physicians nationwide to participate in an emergency general assembly on 3 January 2025. The meeting aims to express firm opposition to the current draft of the Medical Responsibility Law, it added. In its current form, the law includes provisions that could lead to the imprisonment of doctors for professional cases, which the syndicate strongly opposes. The syndicate urged all members to attend and actively participate in the assembly to voice their categorical rejection of the law. The syndicate emphasized the importance of collective action to address this pressing issue and to protect the rights and professional integrity of medical practitioners in Egypt.

Line of defence
 

Health Minister Khaled Abdel-Ghaffar defended the draft law, adding that it aims to balance the rights of patients and healthcare providers by defining medical errors as gross violations of scientific principles while protecting doctors from liability for complications or unattainable outcomes.

He stated at the Senate on Monday that, over the past 20 years, previous draft laws inspired by foreign systems often failed due to incompatibility with Egyptian constitutional and legal frameworks. In developing the current draft, more than 10 meetings were held, 60 legal studies were reviewed, and 18 international legal systems were examined, with input sought from all relevant professional associations, he said. He acknowledged that no law can fully satisfy all parties, as achieving a balanced framework requires careful coordination and multiple considerations.

After the Senate’s approval, the law will proceed to the House of Representatives for further review, where it may be passed, rejected, or amended.