The Medical Liability Law: A Step Forward or a Backward Leap for Egypt's Healthcare?
The Medical Liability Law: A Step Forward or a Backward Leap for Egypt's Healthcare?
In a move that appears aimed at improving Egypt's healthcare system but might achieve the exact opposite, the government approved the "Medical Liability Law" in October 2024 and submitted it to the Senate and Parliament for review and enactment.
Dr. Khaled Amin, Assistant Secretary-General of the Medical Syndicate, praised the Cabinet's approval on Wednesday of the draft Medical Liability and Patient Protection Law.
Hazem Abbas
Through his Facebook account, Amin explained that the draft law is expected to be referred to the House of Representatives for further discussions. He noted that it includes the establishment of a Supreme Medical Liability Committee reporting to the Prime Minister and an insurance fund to cover medical compensations.
He added that the draft law comprises 30 articles divided into five chapters, addressing topics such as the obligations of service providers and facilities, compensation for damages caused by medical errors, and penalties for violations of the provisions of this law.
While the law claims to focus on safeguarding patients' rights and ensuring safe medical practices, it has sparked widespread controversy among healthcare professionals and organizations.
Reports from sources like "Al Jazeera Mubasher" and "El Balad News" reveal that the law includes penalties, such as imprisonment in certain cases, which has drawn sharp criticism from the Egyptian Medical Syndicate, urging immediate amendments.
Key Features of the Proposed Law
- Primary Objectives:
- Regulate the relationship between healthcare providers and patients.
- Define responsibilities and obligations for both parties.
- Establish a legal framework for addressing medical errors.
- Proposed Mechanisms:
- Formation of a Supreme Medical Liability Committee under the Prime Minister’s supervision to investigate complaints.
- Creation of an insurance fund to cover compensation in cases of medical errors.
- Penalties:
- Financial penalties for medical errors.
- Imprisonment in severe cases, especially when negligence is evident.
Doctors’ Concerns Over the Law
The Egyptian Medical Syndicate has strongly opposed the inclusion of imprisonment in the law, stating that it creates a constant threat for doctors and fosters an unsafe work environment.
The syndicate emphasized that most international laws address medical errors through financial penalties and professional indemnity insurance rather than criminalizing healthcare providers.
Key concerns raised by doctors include:
- Preventive Detention: The syndicate argues that this measure could be abused in malicious complaints, subjecting doctors to extortion and destabilizing their professional careers.
- Increased Emigration of Doctors: Observers fear that the law could drive more doctors to emigrate, worsening the existing shortage of healthcare professionals in Egypt.
According to a report published in October 2024, 60% of doctors are considering leaving the country due to unsafe working conditions. - Decline in Service Quality: Fear of legal consequences may deter doctors from handling critical cases, endangering patients’ lives and exacerbating pressure on an already strained healthcare system.
Violence Against Doctors in Hospitals
Adding to the controversy over the Medical Liability Law, Egypt has witnessed a surge in violent attacks on doctors within hospitals.
These incidents often involve verbal and physical abuse by patients or their families, typically due to dissatisfaction with medical services or the death of patients in critical cases.
Reasons for Escalation:
- Lack of adequate security measures in hospitals.
- Delayed intervention by law enforcement in some incidents.
- Weak enforcement of laws against aggressors.
In a widely publicized case in October 2024, a well-known actor assaulted a doctor in a Cairo hospital over a medical procedure dispute. Despite the incident being recorded, the authorities’ response was seen as lenient, sparking outrage among the syndicate and the medical community.
A report by "Masrawy" highlighted that such events heighten doctors’ sense of insecurity and deepen the crisis.
Impact of Violence on Egypt’s Healthcare System
Increased Emigration:
Violence against doctors has become a major factor contributing to the healthcare workforce’s emigration. According to the Egyptian Medical Syndicate, over 12,000 doctors left the country between 2019 and 2024, with many seeking safer work environments in the Gulf and Europe.
The financial cost of training a specialist doctor in Egypt runs into millions of Egyptian pounds, meaning this brain drain represents a significant economic loss for the healthcare sector and the nation.
Low Morale Among Doctors:
Continuous assaults have a profound psychological impact on doctors, leaving them feeling undervalued and fearful of performing their duties.
This sustained pressure without decisive action by authorities results in widespread disillusionment, reducing doctors' productivity and their ability to deliver high-quality care.
Deterioration in Service Quality:
Faced with growing violence, doctors are less inclined to take on high-risk critical cases that could lead to confrontations with patients' families. This hesitation delays necessary medical interventions, endangering patient lives and eroding public trust in the healthcare system.
An October 2024 report revealed that patients in many government hospitals suffer from significant declines in service quality due to a shortage of qualified medical professionals.
Proposals to Address Violence Against Doctors
Strengthening Penalties:
Implement strict laws imposing immediate imprisonment and hefty fines on aggressors, ensuring a strong deterrent. These measures should be clearly codified within the new Medical Liability Law to avoid delays in enforcement.
Enhanced Security Measures:
Deploy permanent security personnel in major hospitals to ensure the safety of doctors and patients alike.
Specialized security teams should monitor hospital entrances and hallways and install advanced surveillance systems to document incidents as legal evidence.
Public Awareness Campaigns:
Launch extensive media campaigns across traditional and social media platforms to educate citizens about the importance of respecting healthcare professionals and their crucial role in society.
These campaigns could feature testimonials from patients who recovered due to doctors’ care, fostering empathy and understanding.
Improving the Healthcare System:
Boost the efficiency of healthcare services and reduce overcrowding in hospitals by increasing the number of government healthcare facilities and upgrading their infrastructure.
Equally important is addressing the uneven distribution of medical professionals between urban and rural areas to ensure equitable access to services.
Moreover, higher budgets should be allocated for better medical equipment and essential drugs, reducing tensions between patients and healthcare providers.
Suggestions to Improve the Medical Liability Law
- Remove Imprisonment Penalties: Shift focus to financial penalties and professional indemnity insurance to create a safe working environment for doctors.
- Empower the Medical Liability Committee: Establish this committee as the sole authority for investigating medical errors, rather than referring cases directly to criminal courts.
- Increase Awareness Among Stakeholders: Organize educational campaigns to inform patients about their rights and obligations and educate doctors on their legal responsibilities.
- Enhance Working Conditions: Focus on improving doctors’ working conditions by offering competitive salaries and safer environments, incentivizing them to stay in Egypt.
Conclusion
While the Medical Liability Law aims to regulate Egypt’s healthcare sector, its contentious provisions could have far-reaching negative consequences. Simultaneously, the rising violence against doctors in hospitals poses a significant challenge, threatening the stability of the healthcare system.
Decisive actions—from amending the law to addressing violence—are imperative to safeguard healthcare quality and protect medical professionals.
Without such measures, Egypt risks losing its valuable healthcare workforce, further destabilizing an already fragile system.
