3. In 2008, the United Arab Emirates drafted a law on "medical liability"
outlining physicians' duties, including their duty to inform the patient of
the disease he might be suffering from, surgery conditions and if his case
is unpromising. It also outlines the provisions related to medical research
conducted on patients as well as reproductive health related issues.
Provisions relevant to medical errors are also included, such as the
definition of a medical error, cases of medical liability, procedures of
investigation into medical errors, establishing a “high committee” of
medical liability with mechanisms relating to work, jurisdiction and
obligatory insurance against liability for medical errors. This law is quite
progressive compared to other medical liability related legislation.
However, unlike the law in Jordan, it has not provided for the
establishment of a national registry of medical errors.17 In addition,
several countries have open discussions concerning how to handle
medical errors and Libya drafted Law No. (17) Of 1986 to regulate
medical liability.
4. Obligatory Insurance Against Civil Liability Arising from Medical
Errors: Some States bind health care providers and institutions to insure
against liability for medical errors, such as the French Law of Public
Health of 2002, Libyan law, Algeria's insurance law and United Arab
Emirates Law of 2008.18 Generally speaking, several countries have
taken on an approach to establish a legal basis for insurance against
liability of medical errors. The cost of the financial burden of such
insurance would be shared between the physician involved and the health
institution he works for, though this would differ from one country to
another.
With these developments in mind, the State of Palestine should accordingly work
towards developing a holistic and comprehensive legal system to address medical
accidents and the injuries caused to citizens as a result of such accidents, no matter
17
The regulation related to this law was issued in 2009. It included 17 articles.
Article (31) of Libyan law No. 17 of 1986 on medical liability on that: "arise body called (Authority
(medical insurance)) have legal personality, committed people organizers professions medical and
related professions insurance have about the dangers of the exercise of those professions ”. And ensures
UAE medical liability law for the year 2008 several articles on medical liability insurance (for more, see
articles 25-27 of the Act.
18
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