The Independent Commission for Human Rights
grated system to document medical errors committed in the healthcare sector,
whether under the control of the Health Ministry or the Doctors’Syndicate, with
the purpose of taking into account lessons learned. It also highlights the need for
intervention to ensure that relevant legislation is updated to define medical errors and identifychannels of accountability, committees, and work mechanisms
and procedures. The study advocates compulsory medical error insurance and
discusses possible alternative methods ofresolving conflicts arising from medical
errors, such as amicable settlement.
The study note sthe proposals submitted by AMAN on the possibility of taking
advantage of Article 83 of the Palestinian Law of Public Health No 20 of 2004.
This authorizes the competent authorities to approve an executive by-lawthat
would define the work of the medical error investigation committee. The proposal ensures that the Health Ministry would retainits political role asthe primaryparty responsible for the realization of the right to health in the PNA territories, while maintaining the professional role of the Doctors’ Syndicate on the
following basis:
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Agroup of 50Palestinian doctors shall be selected every three or four years
asexperts to form the nucleus of the medical error investigation committees.
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The group of experts shall be selected by the Minister of Health based on
consultation between the Health Ministry and the Doctors’ Syndicate. The
selection of the expertsshould be on the basis of half of their numberfrom
the public sector and the other half from the private sector.They should have
a proven track record of experience (a number of years in their field of specialization, for example).
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A Board of Directors shall be formed for the group of experts as follows: the
Health Minister or Deputy Minister shall be appointed as the Chairman; the
President or Deputy President of the Doctors’ Syndicate as Deputy Chairman;
andfive members of the Board of Directors shall be selected from the group
of experts for a term of two years.
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The Board of Directors shall have a secretariat in any or both of the Health
Ministry and the Doctors’ Syndicate. The secretariat shall be tasked with organizing the administrative work to be undertaken by the Board of Directors,
receipt of complaints from patientsand documenting medical errors in accordance with due process.
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The secretariat shall submitcomplaints to the Board of Directors, which willdecide whether to accept or reject them.
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If a complaintis accepted, the Board of Directors shall select three doctors
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