The Independent Commission for Human Rights
Several items of national legislation were reviewed as part of this report, particularly the PNA Basic Law of 2002 and its amendments; the Palestinian Law of
Public Health No 20 of 2004; the Palestinian Civil Service Law No 4 of 1998 and
its amendments; and the Palestinian Civil Service Law executive by-laws of 2005
with amendments. Otherlegislation reviewed included the Jordanian laws that
remain in effect in the West Bank, such as the Jordanian Doctors’ Syndicate Law
No 14 of 1954 and its amendments; the Jordanian Dentists’ Syndicate Law No
11 of 1956 andits amendments; the Jordanian Pharmacists’ Syndicate Law No
10 of 1957 with its amendments; and the Palestinian Cabinet’s Law of Complaint
Regulations No 6 of 2009. Also of relevance are the British Mandate laws that
are still in effectin the Gaza Strip, such as the British Mandate Doctors’ Law No
58 of 1947, Section 110 of the British Mandate Pharmacists’ Law (1921) with
its amendments, and the British Mandate Dentists’ Law No 1 (1945) with its
amendments.
Relevant legislation in the Arab world was also reviewed:The Emirates Federal
Law No 10 (2008) on medical liability with its bylaws; the Saudi Health Practitioners Law (1426 H.) together with its bylaws (1427 H.); the Libyan Law No 17 (1986)
on medical liability; the Libyan Civil Service Law No 55 (1976) with its amendments; the Iraqi Civil Servants Discipline Law (1991) with its amendments;draft
Jordanian laws on medical liability (2009 and 2010); and the Egyptian Draft Law
on Medical Liability (2011).
The report with its important annexes aims to open discussion on the administrative investigationof medical errors with the purpose of devising fair optimal
strategiesto be pursued with all groups of health professionals involved in any
stage of the delivery of medical treatment to the patient.
The report also aims to promotethe implementation ofboth official and unofficial steps that will result in more effective procedures when investigating cases
of medical errorin which more than one party has been involved in health service delivery: the doctor, pharmacist, nurse, laboratory, medical equipment. This
would eliminate the need to wait for the enactment of a comprehensive law on
medical liability that would include the formation of a technical committee to
investigate cases of medical error and compensation mechanisms.
The report consists of two topics: The first is dedicated to discussion ofnational
and Arab legal frameworks for investigating medical errors. The Palestinian legal system lacks a single common legal mechanism to govern the work undertaken by committees investigating medical errors. The procedures adopted in
the public health sector differ from those adopted by the private health sector.
Furthermore, the non-governmental and private health sectors in the West Bank
and Gaza Strip also adopt different procedures. These differences are the result
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