The Healthcare Professions Law defines professional health error as any error resulting from the practitioner's ignorance of technical matters they're expected to know, failure to follow accepted professional standards, or failure to exercise due care. Jurisdiction over private-right claims (compensation, diyah, arsh) has moved from the Sharia Health Committee to specialized judicial circuits within the Ministry of Justice, while some disciplinary jurisdiction remains with health bodies.
Non-professional error includes practicing medicine without a license, or changing specialty without Ministry approval, while professional error (most common in claims) includes misdiagnosis, delayed diagnosis despite clear symptoms, prescribing the wrong medication or dosage, operating on the wrong site, or leaving surgical instruments inside the patient's body.
Article 37 of the Healthcare Professions Law explicitly states: a public-right claim isn't heard after one year from the date of knowing about the professional health error. This relatively short limitation period makes acting quickly upon discovering the error, rather than waiting for the health condition to fully stabilize, crucial to preserving the right to claim.
Any clause limiting or exempting a health practitioner from liability in advance is void, meaning any acknowledgment a patient signs exempting the health facility from liability in advance has no legal value once actual error is established.
For a medical malpractice claim in Jeddah, contact us immediately on WhatsApp given the short limitation period.
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