The House of Representatives preliminary approved the draft Medical Liability and Patient Protection Law yesterday after MPs reached consensus on key articles — most notably a revised definition of medical error. The draft law got the green light from the Senate in December.

Why it matters: The draft law provides a clear legal definition for gross medical error, establishing a Higher Medical Liability Committee that will act as the technical authority in investigations and trials related to medical liability. In addition, the bill would set up a government-backed ins. fund to help cover damages resulting from medical errors.

Revised definition of gross medical error: MPs approved a proposal to replace vague words from the definition, including “negligence,” “carelessness,” and “lack of caution.” The updated definition for gross medical error is “a mistake of such severity that it results in certain harm. This includes, in particular, committing an error while under the influence of intoxicants or psychoactive substances, or failing to assist the affected patient or to seek help for them, despite being able to do so at the time of the incident.” The changes, lawmakers said, aim to address the syndicate’s concerns that the initial language was too broad and subjective for medical professionals.

The revised law addresses the syndicate’s concerns: Lawmakers amended several articles to better distinguish between standard medical mistakes and negligent misconduct. The Medical Syndicate had objected to Article 27 of the original draft, which failed to distinguish between a medical error made by a qualified doctor in a licensed facility — which is punishable by fines solely — and medical negligence by an unqualified or intoxicated practitioner — which could merit jail time. The syndicate has also objected to Article 28 which stipulates imprisonment and/or fines for any medical provider whose error causes harm or injury, with harsher penalties in case it results in permanent disability.

A long-overdue framework for patients and medical providers’ safety: House speaker Hanafy Gebaly underscored the importance of putting forth legislation that regulates medical liability and provides a framework that protects both healthcare providers and patients. Gebaly emphasized that the bill underwent extensive review and consultations with all relevant medical syndicates.

The Medical Syndicate gave its seal of approval, with syndicate head Osama Abdel Hay saying that the amended law reflects the demands of the medical community, praising the revisions the Health Committee made to the law, particularly to acts that makes the higher committee the official expert witness in medical liability cases. He also welcomed the legal distinction the bill makes between standard medical errors and gross negligence.

It didn’t start out that way: The Medical Syndicate initially rejected the draft law following the senate’s approval, saying that it threatens the entire healthcare system.

Still, more to be done: Abdel Hay noted that the syndicate has requested further amendments, including reducing the fines for standard medical errors and having the ins. fund cover all damages from errors.

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