Overview

On 28 April 2025, Egypt issued the Medical Liability and Patient Safety Law No. 13 of 2025 (the “Law”) The Law marks a pivotal legislative step in the regulation of Egypt’s healthcare sector by establishing a comprehensive legal framework that defines the obligations of healthcare professionals and institutions, the mechanisms for investigating medical errors, and the guarantees protecting patients’ rights and those engaging with or affected by the healthcare system.

The Law will enter into force six (6) months following its publication date, which falls on 29 October 2025. Its provisions reshape the relationship between physicians, patients, and healthcare institutions by setting out detailed conditions for the provision of medical care, procedures for addressing medical malpractice, and the establishment of independent technical committees to handle such matters. Additionally, the Law introduces a government-backed insurance fund to cover risks arising from medical errors.

General Provisions on Medical Liability

The Law sets out definitions for key terms such as medical professions and services,  healthcare provider, recipient, institution, medical complications, and emergency cases. It also draws important distinctions—most notably between informed and ordinary consent, and between medical error and gross medical error.

In addition, the Law stipulates the obligations of the healthcare providers in the performance of their duties and outlines the circumstances under which medical liability arises. It explicitly prohibits any agreement that seeks to waive or limit such liability and identifies the specific cases in which liability may be excluded.

Obligations of the Healthcare Provider and the Medical Facility

The Law outlines the core duties of healthcare providers and facilities, requiring adherence to the standards and  protocols specific to each medical specialty. It also sets professional and ethical standards to be upheld in the delivery of care and identifies several acts that are expressly prohibited. These include:

1. practicing outside the scope of their licensed medical specialisation;

2. administering treatment without the patient’s consent, except in limited, legally defined circumstances;

3. refusing treatment or discontinuing care without ensuring that the patient’s condition has stabilised, as specified by the Law; and

4. disclosing patient information obtained during medical practice, except where explicitly permitted.

The Law further regulates the procedures to be followed when performing surgical interventions, preserving patients’ autonomy—including their right to accept or decline treatment or leave a facility, provided they have been adequately informed and have given their consent.

Technical Committees and Expertise in Medical Liability

The Law mandates the establishment of the following:

First: The Supreme Committee for Medical Liability and Patient Safety (the “Supreme Committee”), which reports directly to the Prime Minister. The Law defines its composition and responsibilities, including:

1. examining complaints against healthcare providers or facilities related to medical errors;
2. approving reports issued by for Medical Liability the Subcomittees (the “Subcommittees”);
3. reviewing appeals against such reports; and
4. establishing a medical error database in collaboration with professional syndicates and relevant entities.

Second: The Technical Secretariat of the Supreme Committee, whose composition and responsibilities are also defined by the Law.

Third: The Subcommittees, which are responsible for examining complaints referred to them based on the nature and specialty of the complaint. The Supreme Committee is tasked with issuing rules governing the formation, location, and operating procedures of these Subcommittees.

The Law also outlines the procedures to be followed by the Subcommittees during complaint investigations, the timelines for issuing reasoned reports, the content requirements of such reports, and the procedures for submitting them to the Supreme Committee for approval and for handling appeals. The Subcommittees are also empowered to propose amicable settlements between the parties involved.

Additional Guarantees for Medical Professionals

The Law provides additional safeguards for medical professionals serving as technical experts in medical liability cases. It grants them the same legal guarantees afforded to judicial experts. Accordingly, the provisions governing expert witnesses under the Criminal Procedure Code No. 150 of 1950 as amended from time to time, the Evidence Law No. 25 of 1968 in civil and commercial matters, and the Regulating Expert Testimony Law No. 96 of 1952 before judicial bodies will apply to them.

Regulation of Insurance and Compensation for Medical Errors

The Law establishes a government-backed insurance fund (the “Fund”) to cover risks arising from medical errors, either directly or through contracts with one (1) or more insurance companies or insurance pools approved by the Financial Regulatory Authority (the “FRA”).

The Fund is subject to the FRA’s supervision and the applicable laws, regulations, and decisions. The Law specifies the categories of cases covered by the insurance and provides that the FRA’s board shall issue a resolution outlining the conditions, categories, rates, and pricing for the insurance coverage offered by the Fund.

Accordingly, the Law requires mandatory subscription to the Fund as a condition for:

1. continuing to practice a medical profession;
2. obtaining or renewing a medical license; and
3. obtaining a license to operate a medical facility subject to the provisions of the Law.

Stricter Penalties for Assaulting Medical Professionals or Facilities

The final chapter of the Law imposes penalties of imprisonment or fines in the following cases:

1. insulting a healthcare provider while they are performing their duties or in connection with the performance thereof;
2. deliberately damaging medical facilities or their contents;
3. physically assaulting against healthcare providers; and
4. filing malicious complaints against healthcare providers or medical facilities with the intent to defame or cause harm.

The Law also imposes penalties on healthcare providers who commit any of the prohibited acts listed in Article 6, or who violate the rules governing surgical procedures. Managers who exercise actual control over a facility may also be subject to the same penalties if they are found to have knowledge of such violations.

In addition, courts are authorised to impose supplementary penalties, including suspending a facility’s license for up to one (1) year or, in certain cases, permanently revoking it.

Finally, the Law provides for harsher penalties in cases where medical errors result in actual harm to the patient, with enhanced sanctions — including  imprisonment — where such harm results from gross medical malpractice. Reconciliation is permitted in all criminal offenses covered under the Law, even after a final judgment has been issued.

Grace Period for Compliance

All individuals practicing medical professions, as well as institutions subject to the Law, are required to subscribe to the Fund within six (6) months from the date of issuance of the Fund’s articles of association. The Prime Minister may extend this period for one (1) or more terms, provided that the total extension does not exceed two (2) years.

The contributor to this article is Dr. Radwa Magdy, Of Counsel.

For further inquiries, please contact our Life Sciences team members Mohamed Abdelgawad, Partner, Head of General Corporate, Commercial, and Regulatory, Fadila Abdelaziz, Counsel, and Fagr Muheb, Managing Associate.