Executive Summary
Development of a Comprehensive Legal System for Investigation of Medical Errors
visedfor the imposition and definition of the general terms and provisions
of compulsory insurance against specific risks, and its conditions, general
provisions and limits of liabilityshall be determined.” This means that the
Palestine Capital Market Authority is authorized by law to draft statutes and
regulations for the imposition of compulsory insurance against specific risks,
including the risk of civil liability arising from medical errors,for approval by
the cabinet as provided for in Article 3.
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Article 42 of this law provides: “The insurer shall be liable for the losses
and damages caused by persons for whom the insured bears civil liabilityregardless of the nature and gravity of the errors committed by such persons.
The insurer should also be liable for losses and damages caused by objects
and animals kept by the insured.” This article clarifies the nature of insurerinsured relationsin regard to liability for losses caused by risks that are the
subject ofinsurance.
C: Palestinian Law of Public Health No 20 of 2004
Pending the enactmentof a law on medical liability, amendments may be required to articles in the Palestinian Law of Public Health of 2004 relating to the
licensing of non-governmental health institutions andto make medical liability
insurance acompulsoryconditionfor licensing non-governmental hospitals and
health institutions.
In conclusion, the study noted that patients could not be protected against
medical errors that put their lives at risk unless they have access to forms of
compensationthat ensure that those who causeharm arepunishedvia administrative, criminal and civil procedures and the damages sustained by patients are
redressed.
Toensure that procedures for investigating medical errors in the Palestinian Territory are applied uniformly and fairly toall health professionals, whether employed in the private or non-governmental health sectors in the West Bank or
Gaza Strip, the authorities need to establish an appropriate legal framework
with comprehensive, uniform and written operational procedures for the investigation of medical errors across all sectors. Relevant Palestinian legislation,
particularly the Palestinian Law of Public Health, the Law of Insurance, the Penal Procedures Code and the Palestinian Civil and Commercial Court Law, must
be taken into account as vital keysin the formulation of a system to investigate
medical errors.
Within certainlimitations, it is crucial that the findings of administrative and pe9