Egypt’s New Medical Malpractice Law: A Flawed Approach to Accountability

By a concerned medical professional

The Egyptian government has recently introduced a controversial law aimed at addressing medical malpractice, intending to hold doctors accountable for their errors or negligence. While this ambition appears commendable, the law’s poor distinction between medical complications, errors, negligence, and outright crimes indicates a troubling lack of understanding of core medical practices.

This could have disastrous implications for Egypt’s healthcare system, potentially dissuading capable professionals from practicing and eroding public trust in medical institutions.

Understanding Medical Terms: Where the Law Misses the Mark

The law’s ambiguity makes it critical to clarify the differences between four distinct scenarios:

1. Medical Complications

These are unfortunate outcomes that occur despite adhering to all proper medical procedures. Medical complications are an inevitable aspect of practicing medicine, given the intricate and unpredictable nature of human biology.

Even the most meticulously executed procedures can lead to unexpected results due to factors beyond the control of any medical professional, such as individual patient variability or unforeseen reactions.

Understanding this inherent uncertainty is crucial to maintaining a fair and balanced perspective when evaluating medical outcomes and addressing them within a legal framework.

Example: A patient experiences unexpected bleeding post-surgery despite a flawless operation.

Legal Perspective: Globally, complications are not considered malpractice as long as the doctor acted within medical standards and informed the patient of possible risks.

2. Medical Errors

These are unintentional mistakes—a wrong decision or oversight—that might harm the patient, often resulting from human error rather than malice or negligence.

Such mistakes can include prescribing an incorrect dosage of medication, missing a subtle but critical detail during diagnosis, or making a procedural error under stressful conditions.

While these errors can lead to harm, they are a natural part of any profession involving human decision-making. Addressing these mistakes typically involves professional training or civil compensation rather than criminal penalties.

Example: Prescribing the wrong dosage of medication or delaying diagnosis due to incomplete testing.

Legal Perspective: In most countries, these incidents result in civil penalties or warnings, not imprisonment. Punishing errors harshly discourages medical practice altogether.

3. Medical Negligence 

Medical Negligence refers to cases where a healthcare provider blatantly ignores established medical protocols or acts in a manner showing reckless disregard for patient safety. It goes beyond unintentional errors, often involving actions or inactions that any competent professional would avoid.

In contrast, Medical Practice encompasses all actions carried out by a healthcare provider within the standard scope of their training and the accepted guidelines of their profession. While medical negligence represents a failure within this scope, medical practice reflects the broader, lawful efforts to diagnose, treat, and care for patients effectively.

Example: Performing a surgery with unsterilized tools or ignoring a patient’s critical symptoms.

Legal Perspective: Negligence warrants severe penalties, including fines, license revocation, and imprisonment.

4. Medical Crimes

These are deliberate and malicious acts that have no connection to the practice of medicine, such as engaging in human trafficking, causing intentional physical harm, or committing other crimes unrelated to patient care.

These actions are entirely outside the realm of medical practice and are categorized as criminal offenses that require strict legal prosecution and severe penalties. They differ fundamentally from errors or negligence within the scope of medical duties, as they reflect premeditation and criminal intent.

Legal Perspective: These are criminal offenses punishable by law.

Why Are Doctors Opposed?

Doctors in Egypt are not seeking immunity from accountability. The problem lies in the law’s failure to distinguish between the above scenarios, potentially criminalizing complications and minor errors.

Picture this: A doctor works tirelessly to save a critically ill patient who arrives in an emergency with slim chances of survival. Despite their best efforts, the patient dies, and the doctor faces criminal charges for what is essentially a medical complication. Such laws equate lifesaving professionals with outright criminals.

Consequences of the Law If Passed

1. Defensive Medicine Will Prevail

Doctors will resort to defensive practices, avoiding high-risk cases to shield themselves from potential lawsuits. Complex and challenging cases—the very ones that require expertise—will be left untreated, denying many patients a fighting chance.

2. Doctor Migration

Why stay in a country where a complication can land you in prison? Many Egyptian doctors will seek opportunities abroad, worsening the already critical shortage of healthcare professionals.

3. Eroding Trust Between Patients and Doctors

Patients will lose confidence in a system that treats their healers like criminals. Distrust between doctors and patients could undermine the foundation of healthcare—the doctor-patient relationship.

4. Decline in Healthcare Quality

Hospitals and clinics will struggle to maintain high standards as experienced professionals leave or shy away from challenging cases. Ultimately, the quality of care will deteriorate.

5. Impact on Medical Education

Fewer students will pursue medicine, fearing a profession rife with risks and devoid of protections. This will have long-term ramifications for Egypt’s healthcare system.

A Doctor’s Plea for Reason

As a medical professional, I implore the government to consult healthcare experts when drafting laws of such gravity.

We need legislation that holds negligent practitioners accountable while protecting those who work tirelessly to save lives. Without this balance, we risk dismantling an already fragile system—to the detriment of doctors and patients alike.