Key Highlights:

The Egyptian government has introduced a draft law titled the "Medical Liability and Patient Protection Law." This significant legislative development aims to regulate medical liability, ensure patient protection, and uphold ethical standards within the healthcare sector. The proposed legislation is subject to public consultations and parliamentary discussions before being enacted.

Scope and Objectives:

• Regulation of Medical Practices: Establishes clear frameworks for medical professionals' accountability in cases of alleged malpractice or negligence.
• Patient Rights and Protection: Enforces mechanisms to safeguard patients' rights while balancing the interests of healthcare providers.
• Support for Healthcare Providers: Introduces legal protections for medical practitioners, fostering an environment that encourages ethical medical practices without fear of undue legal consequences.

Key Provisions:

1. Formation of Medical Liability Committees: These specialised committees will assess cases of alleged medical malpractice, ensuring impartial and expert evaluations.
2. Compensation Mechanisms: Provisions for compensating patients for proven damages arising from medical negligence.
3. Penalties for Violations: Clear delineation of penalties for medical practitioners found guilty of gross misconduct or negligence.
4. Mandatory Malpractice Insurance: Ensures financial coverage for claims against healthcare providers.

Impact on Healthcare Providers:

The draft law introduces a structured and comprehensive framework that could significantly impact healthcare providers, including clinics, hospitals, and individual practitioners. At its core, the law aims to protect medical professionals from unwarranted litigation by establishing impartial committees to review claims of medical malpractice. This process seeks to reduce the risk of frivolous lawsuits, providing healthcare providers with a fair platform to defend their actions based on expert evaluations.

However, the law also imposes stringent compliance requirements, such as the mandatory maintenance of detailed and accurate medical records for each patient, the adoption of standardised protocols for medical procedures, and the securing of malpractice insurance coverage. These measures are designed to enhance patient safety and accountability but may result in increased administrative and financial burdens for healthcare providers. For smaller clinics and individual practitioners, the costs associated with insurance premiums and compliance upgrades could be particularly challenging.

Additionally, the law’s compensation mechanisms for proven cases of negligence may necessitate healthcare providers to re-evaluate their risk management practices. Providers will need to adopt proactive measures, such as regular staff training, updated medical equipment, and adherence to stringent clinical guidelines, to minimise the risk of liability. Non-compliance or failure to meet these obligations could expose providers to reputational risks, financial penalties, or even operational constraints.

In light of these changes, healthcare providers are encouraged to undertake a thorough review of their current practices and identify areas requiring alignment with the proposed regulations. By doing so, providers can ensure smoother compliance with the law while safeguarding their patients and professional standing in an evolving legal landscape.

Next Steps:

The draft law will undergo public consultations to incorporate feedback from stakeholders, including medical professionals, patient advocacy groups, and legal experts. Following this, it will be presented to Parliament for further deliberation and possible enactment.

ADSERO will closely monitor the progress of this legislation and provide updates on its impact on healthcare providers and patients alike.

If you have questions regarding the draft law or its potential implications for your organisation, please do not hesitate to contact our team members, Mohamed Fathy, Partner and Head of Real Estate, Tourism and Life Sciences; and Fadila Abdelaziz, Counsel.