The Independent Commission for Human Rights
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The group of experts proposed by AMAN should be composed of experts
from diverse medical and health sectors, including pharmacists, dentists,
anesthesiologists, nurses, lab technicians and other health professionals, as
stipulated in Article 1 of the Palestinian Law of Public Health. It should also
include administrative officers from various health institutions.
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Sound legal and constitutional parametersshould be observed in the establishment or abolition of public institutions to reduce the negative consequences to anindividual’s right to an optimal level of health services. This
factor is especially important in view of the fact that AMAN’s proposal calls
for the formation of a Board of Directors for the groupof experts,and a Board
of Directors can only be formed if the expert group is a legal entity. According to the constitutional text of Article 69 of the PNA Basic Law, the establishment or abolition of public institutions falls within the sphere of the cabinet’s powers.
B: Insurance
For the investigation committee to investigate medical errors successfully as proposed, the issue of insurance against liability resulting from medical errors needs
to be addressed.
1.
The Palestinian Insurance Law No 20 of 2005
Although the Palestinian Insurance Law No 20 of 2005 lacks any legal provisions
making medical error insurance compulsory, it does provide a relevant set of
provisions. Pending the enactment of an independent law on medical liability
that would include insurance, these provisions should be examined to assess to
what extent they could be relied on to impose compulsory insurance for civil liability against the risk of medical errors.The textreads as follows:
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Article 3 of this law provides: “(1) Insurance shall involve the following categories . . . F- Insurance against accidents and civil liability, insurance against
occupational risks, and J- other insurances.” It also provides: “(2) The cabinet
shall issue the regulations necessary to address other categories of insurance . . . . “ This implies that the cabinet is authorized by law to draw up the
regulations for other forms of insurance such as civil liability insurance resulting from medical errors.
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Article 6 of the law provides: “The authority (Palestine Capital Market Authority) may exercise the following powers following the decision of the
Board of Directors: .. . . (7) The necessary regulations or by-lawsshall be de8