MPs are expected to begin discussing the draft Medical Liability and Patient Safety law next week after the 30-article bill was approved by the House of Representative’s Health Committee on 1 January.

The bill achieves a balance between protecting the rights of doctors and patients in accordance with the provisions of the constitution, said Health Committee Head Ashraf Hatem.

He told Al-Ahram Weekly that approval came only after the committee had addressed complaints received from the Doctors’ Syndicate over the draft bill. He explained that though the bill had been approved by the Senate without changing controversial articles that stipulated detention, imprisonment and hefty fines for doctors in cases involving negligence and malpractice, the committee intervened to amend the articles in coordination with Chairman of the Doctors’ Syndicate Osama Abdel-Hay.The Doctors’ Syndicate had rejected the bill as approved by the Senate on 23 December on the grounds that it imposed criminal penalties on doctors who committed unintentional medical errors resulting from unforeseen complications.

The syndicate had called for an emergency general assembly meeting on Friday 3 January to discuss the bill, but later announced it would postpone the meeting until the House began discussions of a final version.

Hatem highlighted that in response to the syndicate’s demands, the committee agreed to eliminate three articles — 27, 28 and 29 — imposing pretrial detention and prison sentences for medical errors in general which had “sparked significant uproar among doctors and medical service providers”.

Article 27 stated that medical service providers who commit medical errors resulting in patient death will face no less than six months in prison and a fine of up to LE 100,000. Medical service providers who commit medical errors while under the influence of alcohol or drugs will face from one to five years in prison and a fine ranging from LE100,000 to LE500,000. Medical service providers who commit medical errors resulting in the death of more than three patients will face up to seven years in prison.

Article 28 stated that medical service providers who commit a medical error resulting in the injury of a patient will face up to one year in prison and/or a fine of up to EGP 50,000. Punishment will increase to a maximum of two years in prison and/or a fine of up to 300,000 if the medical error resulted in permanent disability, if the crime occured as a result of a serious medical error, or if the service provider was under the influence of alcohol or drugs.

Article 29 imposed pretrial detention for crimes committed by medical service providers during the provision of medical services.

Hatem said the committee had created a new article canceling pretrial detention, limiting penalties to fines and confining prison sentences to cases of gross medical error.

The new article stipulates fines ranging from LE100,000 to LE1 million for anyone who commits a gross medical error causing actual harm to the service recipient. The prison sentence is for gross medical error and will range from one to five years and/or a fine of not less than LE 500,000 and not more than LE 2 million.

Hatem told the Weekly that the committee, in coordination with the Doctors’ Syndicate, had agreed to differentiate between “normal” and “gross medical errors”,Article 1 (clause 10) states that a normal medical error is one which does not align with established medical principles or violate the ethics and traditions of medical professions, as outlined in relevant laws and charters issued by the Egyptian Health Council.

Clause 11 of the same article defines a gross medical error as one which is the result of negligence, recklessness or lack of caution, especially if the medical service provider is under the influence of alcohol or drugs when committing the medical error and/or refuses at the time of the incident to help the person who was the victim of the medical error or to request help for him/her when able to do so.

Hatem noted that the committee changed the bill’s title to the Medical Liability and Patient Safety Law instead of the original Medical Liability and Patient Protection Law, and that the revised draft stipulates the formation of a Supreme Committee for Medical Liability and Patient Safety affiliated with the Prime Minister’s Office which will serve as the advisory body on medical errors, tasked with examining complaints, creating a database and releasing guidelines to raise awareness of the rights of service recipients.

In order to further contain doctors’ fears, article 18 was amended to state that the Supreme Committee will act as the technical expert in investigations related to medical liability, either by offering assistance or through reports released by specialized sub-committees.

According to Hatem, the Supreme Committee will also oversee compulsory insurance for medical facilities and service providers through a government fund that contributes to compensation paid to victims of medical errors and negligence.

The committee also approved new articles that provide protection to doctors and medical service providers.

“Article 24 states that anyone who insults or threatens a medical service provider can face up to six months in prison and a fine of up to LE 10,000, while article 25 stipulates that individuals who plunder a medical facility or assault a medical service provider can face up to one year in prison and a fine of up to LE 50,000,” said Hatem.

Health Minister Khaled Abdel-Ghaffar defended the bill, noting that while it is unlikely to win 100 per cent approval from all the parties involved “it aims to strike a balance between the rights of patients and the duties of medical service providers”. He stressed that “while doctors are not responsible for curing their patients, they are responsible for doing their best to achieve this end”.

Abdel-Hay told reporters that the amendments introduced by the Health Committee were a “progressive step”.

“I am not defending doctors only, I am defending doctors and patients with the goal of raising the quality of health services in Egypt,” said Abdel-Hay.

“I will convey to colleagues the significance of the new amendments and see if there are any further demands on their side.”

Abdel-Hay said responding to the syndicate’s demands is important in order to protect doctors and that overly aggressive legislation would see many doctors opt to work abroad.

Speaker Hanafi Gebali stressed that the House remains open to new amendments before any vote on the bill as long as they are in the public interest.

* A version of this article appears in print in the 9 January, 2025 edition of Al-Ahram Weekly