The process of litigation for medical errors in Saudi Arabia and the United Kingdom

Efficient process of litigation of medical errors is a key to ensure fair, speedy, and accessible justice system. The conditions of establishing medical negligence are similar in both legal systems. These conditions include the duty of care, breach of that duty of care, the damages, and establishing...

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Bibliographic Details
Published in:Saudi medical journal 2018-11, Vol.39 (11), p.1075-1081
Main Authors: Alkhenizan, Abdullah H, Shafiq, Mohammed R
Format: Article
Language:English
Subjects:
Causality
Compensation and Redress - legislation & jurisprudence
Documentation
Family physicians
Health care
Humans
Jurisprudence
Liability, Legal
Malpractice - economics
Malpractice - legislation & jurisprudence
Medical errors
Medical Errors - economics
Medical Errors - legislation & jurisprudence
Patient Harm - economics
Patient Harm - legislation & jurisprudence
Patients
Public interest
Review
Saudi Arabia
United Kingdom
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Summary:Efficient process of litigation of medical errors is a key to ensure fair, speedy, and accessible justice system. The conditions of establishing medical negligence are similar in both legal systems. These conditions include the duty of care, breach of that duty of care, the damages, and establishing causation. A culture of litigation and compensation is growing in the United Kingdom and Kingdom of Saudi Arabia; however the cost of medical claims and awarded compensations are much more in the United Kingdom compared to Kingdom of Saudi Arabia. In Kingdom of Saudi Arabia, there is a need for more transparency in the documentation and publication of litigated medical errors. In addition, there is a need to introduce interventions to shorten the duration of litigation in both legal systems. Financial caps on awarded compensation and caps on expert and legal fees are potential strategies to control the cost of medical errors which seems to work well in the Saudi model.
ISSN:0379-5284
1658-3175
DOI:10.15537/smj.2018.11.22854