Medicine has become an advanced science and a highly specialized art, with principles and rules that the male or female doctor must adhere to, and codified quality standards that cannot be tolerated. Anyone who deviates from them will be punished, but not with imprisonment or death, but with suspension from work and practice, and with compensation if he makes a mistake and deviates from the technical investigation of the principles of this profession. The first basic principle. However, limiting medical responsibility to the relationship of the male or female doctor with the sick person is a inadequate understanding of responsibility, as it is greater and deeper than that because it includes responsibility for the entire medical institutional framework, the nature of its financing, management, provision, ethics, determinants of its control, quality, generality, and specificity. Responsibility begins at the top of the pyramid and ends at its base. If we leave an anesthesiologist over the age of sixty to cover a remote governorate, we do not expect or should not hold him accountable alone for that. Therefore, the entire medical system must be held accountable in these situations.
Responsibility here must be a comprehensive contractual institutional. Doctors in Egypt are exhausted from their workload, without a supporter. Talking here about individual responsibility in the absence of an accredited and serious institution should not, at the very least, be taken seriously and is considered a waste of time.
The current situation, before the issuance of this necessary medical legislation, depends on the applicable general, non-specialized laws such as the Civil Code and the Criminal Penal Code. The criminal case, as is known, results from criminal liability, i.e. its basis is the occurrence of a crime, and crimes are included in the law exclusively, and the rule is that there is no It is a crime and there is no punishment except by a reasoned text. As for the civil lawsuit, its basis is harm to others and failure to implement a contract or right (such as the right to health).
In a civil lawsuit, the penalty is compensation. It is assumed that civil lawsuits, against errors, especially medical errors of all kinds, whether minor or serious, must take into account the privacy of the medical profession, so it is sufficient to stop working, compensate, or close the institution, and this is what the legislation of medical liability for errors must emphasize. Medical received.

However, defining the concepts and types of medical errors was and still is a dilemma in the current Egyptian laws, whether civil or criminal law. Will this be reconsidered and medical liability legislation become the primary reference for rulings and that the decisions of its competent technical committees are final and final and will not be referred to any other party, whether the Public Prosecution or the judiciary? Is it normal for there to be a specialized medical judiciary and technical committees concerned with health work and its errors so that we do not imprison our doctors, or have them flee abroad?
It is human nature that those in charge of any type of business may make mistakes. Consequently, this applies to male and female health sector workers, and the possibility of error here is relatively greater, in particular. Therefore, female and male health sector workers are required to obtain a specific, sufficient and competent degree of skill, training and education before providing any type of medical care to a sick person. There are scientific standards in place that are required to provide the necessary care for him. Service providers are defined as “any natural or legal person who practices any profession related to medicine or health…”

Health Code These include doctors (including orthodontists), nurses, anesthetists, pharmacists and technicians.
What is the most important part of any law issued regarding medical liability? At the moment there are two points:
• Protecting health sector workers from imprisonment, meaning that it is not permissible to arrest doctors and other service providers during the investigation and/or trial process that accuses them of claiming medical negligence except after a judicial ruling is issued in this regard and other forms of accountability are sought, such as suspension from practicing the profession for a period. For a period of time or forever if the medical error was serious. In the case of medical errors that may amount to criminality, current laws are sufficient to deal with them.
• The decision of the body to be formed by the law must be binding in the end, and this body must be independent practically and legally. That is, its opinion should not be merely advisory.
Issuing the Medical Liability Law is necessary and important and will address the health legislation gap in Egypt. However, many aspects in reality and practice will not be solved by law, but rather require treatment of the problems of the health system in Egypt that are known to everyone. Moreover, whatever administrative form the law will create, the goal is to create a clear system and mechanisms for male and female patients to file a complaint in the event of a medical error on the one hand, and on the other hand to protect doctors and health sector workers, prevent their imprisonment and investigate accusations related to errors. Medical if it occurs.

The Medical Liability Law draws clear lines of obligations and restrictions imposed on those who provide services, with penalties imposed in the event of breach of one of these obligations.

News source: Al-Shorouk