Legal protections for medical malpractice

TDT | Manama

Email: mail@newsofbahrain.com

Doctors in Bahrain would be protected from arrest or detention over malpractice claims unless the Attorney General approves it, and only after an expert panel finds fault.

That’s the thrust of a proposed law set for debate in the Shura Council on Sunday, with opinions divided on its necessity and impact.

At the heart of the proposal is also a requirement for hospitals and clinics to take out insurance covering medical staff against legal claims, a measure that has raised concerns over cost and implementation.

Single law

The bill, put forward by Dr Jamila Al Salman, and supported by four other Shura members, aims to bring together a patchwork of rules governing medical liability into a single law.

It would pull back police powers in malpractice cases, ensuring that doctors cannot be detained unless an official inquiry first finds fault.

It would also make it compulsory for all healthcare institutions — public and private — to insure their staff against lawsuits, protecting doctors from financial ruin while ensuring patients receive compensation when errors occur.

Legal clarity

Proponents say the measures would give doctors greater legal clarity while reinforcing patient rights.

Shura’s Services Committee has already backed the plan, arguing that a unified law would bring Bahrain’s regulations in line with those in the UAE, Oman and Saudi Arabia, where similar safeguards are in place. Not everyone agrees.

The Supreme Council for Health, the Ministry of Health, and the National Health Regulatory Authority (NHRA) argue that Bahrain already has legal protections for malpractice and that an upcoming bill may address the same issues.

Warning

They warn that the proposal could be redundant or even conflict with future legislation.

Then there’s the matter of cost. Shura’s Finance and Economic Affairs Committee has questioned the financial impact of compulsory insurance, warning that it could place an added burden on hospitals, clinics and the state without a clear sense of how much it will all add up to.

The number of claims, the price of policies, and the extent of payouts remain unknown.

Refinements

The Bahrain Medical Society has welcomed the bill, though it wants some refinements to ensure both doctors and patients are properly covered.

The Society of Owners of Private Healthcare Institutions has also backed the proposal but insists that liability for malpractice should sit with individual doctors, not the hospitals employing them.

They have also called for private sector representation on the proposed Higher Committee for Medical Liability, which would be charged with reviewing claims.

The bill itself is extensive, covering eight chapters and 34 articles.

Rules

It sets out rules for obtaining informed consent, outlines when medical records can be shared, and lays down steps for investigating malpractice.

It also introduces a one-year cut-off for negligence claims, which would begin when an error is discovered rather than when it happens.

Backers say this strikes the right balance, ensuring patients are not left without options while preventing legal cases from dragging on indefinitely.

One of the most debated points is the requirement for hospitals and clinics to insure their medical staff against malpractice claims, with questions over costs and consequences.