Minister of Health: "Justice" It decided that the decision for pretrial detention in medical liability should only be issued by a chief prosecutor

Dr. Khaled Abdel Ghaffar, Deputy Prime Minister and Minister of Health, stressed the importance of the draft law on medical liability and patient care.

Dr. Khaled Abdel Ghaffar explained, during the plenary session of the Senate, that the criminal law was It regulates complaints between doctors and patients, explaining that there was a request from the relevant unions that there be a special law regulating this relationship.

The minister added that during the past 20 years, there were draft laws transferred from other countries, and they were It faces the unconstitutionality of reviewing it, as it is not compatible with Egyptian legislation and laws. The Minister of Health pointed out that the government’s philosophy in drafting the draft medical liability law is to take into account all beneficiaries of the law, whether medical service providers, and to protect doctors while practicing the profession, as well as protect patients while receiving the service.

The Minister of Health said that the presenter The service must exercise care, not achieve the goal, explaining that the draft law preserves the rights of the service recipient and the service provider.

Dr. pointed out. Khaled Abdel Ghaffar called for the establishment of medical liability committees to receive patient complaints, granting any citizen recourse to the judiciary, and for the committees to exercise the role of judicial expert before the courts, as well as determining the absence of medical liability, as well as establishing a fund to bear the burdens resulting from compensation due to medical errors.

The Minister of Health revealed that during the preparation of the draft law, more than 10 meetings were held, 60 legal studies were reviewed, 18 legal systems from around the world were reviewed, and the opinions of all concerned unions were polled. Abdel Ghaffar continued: There will not be a humanitarian law that satisfies all parties, because gains always require coordination and multiple procedures, pointing out that among the gains is defining controls for the occurrence of medical errors, as they only fall in violation of scientific principles, and these errors are considered grave errors.

Abdul Ghaffar pointed out that the doctor must exercise care and not achieve the goal, and he will not be held accountable for not achieving the goal.

The Minister of Health said that there are some medical cases in which recovery is non-existent, and here there is no The doctor is blamed if he provides care, saying: The doctor is not responsible for the patient’s recovery, or responsible for the expected complications.

Dr. Khaled Abdel Ghaffar, Minister of Health, confirmed that it is customary when preparing a project to have dissenting opinions, and there will not be. A law that satisfies everyone.

He said that the law granted the Supreme Committee for Medical Liability to propose an amicable settlement between the disputing parties and that it has executive power, and for the first time to establish a government fund to cover damages resulting from medical practice that would bear all or part of the civil compensation. For damages resulting from medical error.

He continued that the law granted criminal protection to doctors, after the number of crimes of assault against doctors during the practice of their work by the public, and for the first time in the law it refers to the criminalization of insult by gesture, word or threat, in this law. Whoever transgresses against the doctor exposes himself to accountability according to the law without waiting for the criminal law, as was the case before. 

With regard to pretrial detention, he said" Abdul Ghaffar ": "

The Minister of Health said: " The law is the beginning of discussions within the Council in its two chambers until it reaches the stage that avoids any aspects of deficiency in order to achieve guarantees for medical service providers, indicating that what was done is the effort of many sectors that tried to develop articles to balance between what is intended and what is followed, while not conflicting with the law, the constitution, and the government. Open to any ideas that increase the value of the law.

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