Executive Summary Development of a Comprehensive Legal System for Investigation of Medical Errors Executive Summary Development of a Comprehensive Legal System for Investigation of Medical Errors It is equally important for doctors and health professionals to investigate the causes of medical errors as it is for the patients affected and their families. A serious and exhaustive investigation of a medical error is vital for patients to reassure them that those who have caused harm will be subjected to proper legal accountability. A number of legal procedures currently exist for the investigation of medical errors, and there is consensus that such cases must be investigated vigorously and those responsible held accountable. This consensus on the accountability of medical staff needs to be reflected in the relevant legal procedures established by the state, and via procedures thatconform to the standards for a fair trial stipulated in international law and in the Palestinian National Authority (PNA) Basic Law of 2002. The fundamental principle that all are equal before the law must also be taken into account; this includes equality between the two parties in accountability for medical errors. If the PNA is to demonstrate respect for and commitment to human rights,particularly the right to health,and hold those who violate this right accountable, it must ensure that all citizens have equal rights and duties as stipulated in the relevant laws, regulations and procedures and that penalties are imposed on themin a just manner. Equality cannot be achieved as long as different laws are applicable to health professionals in the West Bank compared with the Gaza Strip, and also between private and public health workers. Many countries apply different laws relating tocriminal or civil accountability. For example, Palestine has the Palestinian Penal Procedures Law (2001) and the Palestinian Civil and Commercial Trials Assets Law (2001). However, the lack of clear disciplinary procedures for accountability for many health professionals, especially those working in the private sector, makes it necessary to consider the enactment of a law on procedures for administrative trials in cases involvingmedical errors. 3