Executive Summary
Development of a Comprehensive Legal System for Investigation of Medical Errors
of the diverse legal systems governing the health sector. Although the PNA has
adoptedlegislation and policiesto develop and consolidatelegislation applicable
to the health sector, its efforts have fallen short of holding health professionals
found to have been negligent in the performance of their duties administratively
accountable.
The review is based on six themes covering the legal framework for national
legislation to hold health professionals administratively accountable in light of
relevant experiences in the Arab world. The first theme, the general framework,
addresses topics related to the legal form of provisions for administrative investigations of medical errors and the principle of confidentiality. The second theme
addresses disciplinary penalties. The third theme tackles the organizational
framework of the committee tasked with investigating medical errors, including its formation, terms of reference, the qualifications of committee members,
how committee investigations are recorded and the response of the committee
chairman or member(s). The fourth theme outlines the committee’s operational
procedures: the method of submitting complaints, procedures for investigating
medical errors administratively and the cross-examination of witnesses before
the committee. The fifth theme addresses appeals against the decisions of the
investigation committee or disciplinary council. The sixth theme covers the final provisions for a legal system, such as financial recompense for committee
members and the implementation of the disciplinary council’s decisions by the
Ministry and the public prosecution.
In light of the long-term goal to enact a law on medical liability, the second topicaddressed is the aspirations for aPalestinian legal system applicable tocases of
medical error. Official and unofficial authorities need to work togetherto realize
this goal. Reference is made to models that could be adopted by Palestine to
develop its legal system in this area based on relevant experiencesin the Arab
world.
The study outlines the existing legal procedures to investigatemedical errors
anddescribes the recommendations proposed by the committee in the 2012
reportonmedical errors, particularly the workshop held by the Coalition for Accountability and Integrity (AMAN) in May 2013 on accountability in such cases.
The study presents relevant approaches, including the institutionalization of
the work undertaken by investigation committees, the formation of the committees, operational procedures, reporting lines and preparation in a manner that
ensures impartiality, competence and effectiveness. The study emphasizes the
need for compulsory insurance against medical errors and the establishment of
a compensation fund that would offer a fundamental guarantee of compensation for patients subjected to medical errors that are not the result of error,
oversight or negligence by medical staff. It highlights the need to adopt an inte5