Medical malpractice and legal disclaimer Thursday, 28 October 2010 06:30

Medical malpractice and legal disclaimer

he interest in public health of members of the community and the provision of quality healthcare is a sign of social progress and advancement and an evidence of the State’s interest in citizens.

There is no doubt that the State of Qatar gives the healthcare and medical services great importance and attention, especially through the Supreme Council of Health, which oversees public health in the country, works to provide health security in the country and prevents the spread of diseases through the provision of necessary vaccinations and antibiotics in addition to preventing the entry of injured persons from abroad.

The GCC countries in general and Qatar in particular adopt the highest level health protection systems. The Supreme Council of Health through the Medical Commission provides comprehensive medical checkups to the expatriates to ensure their safety before authorizing him to stay in the country in order to keep the public health and prevent the spread of epidemics.

The State, to fulfill this protective role, adopts the latest medical technology and uses skilled physicians in all medical disciplines and specializations.

The medical profession is on top of high professions and practitioners have sensitivity and prolific knowledge to keep abreast of development.

The Law No. 2 of 1983, concerning the practice of professions of Medicine and dental medicine and surgery in Qatar, states:

“The doctor is not responsible for the result reached by the patient if it is found that the due diligence has been given and the doctor resorted to all means of which any one in their place can use to diagnose the disease and treatment.”

It is thus clear that the role of the physician is not required to achieve healing as a result of which the patient wants, but their role is limited to the exercise of due diligence in their work and performance to the fullest in order to cure the patient and relieve them of the pain felt by the patient or the disease which has infected the patient.

The standard of care referred to is an objective criterion and not a personal one in the sense that when the issue of the doctor’s responsibility for what went wrong for the patient or not is raised, we shed light on the role played by the doctor in comparison to the role which is supposed to be done by a doctor amid doctors in this area.

We will not compare the doctor’s behavior with the behavior of the doctor a genius or a sharp wit doctor and will not compare it with the behavior of doctors do not neglect checking the caution and precision in his work.

This includes the conditions in which the doctor is treating the patient and his health in addition to medicine and tools available to the doctor.

If it is proven that the doctor has performed their role in the treatment of the patient in the same way as any other physician of the mid-doctors, they cannot be responsible for the result of non-healing patient as long as they have given the due diligence in order to achieve that end.

Medical errors are known worldwide and its rate is very small in Qatar in comparison with the countries of the world. In England, one of the medically advanced countries, medical errors are considered the third or fourth cause of death.

Therefore, the law pointed out that the doctor’s responsibility arise in the following cases:

“The doctor shall be liable if they made a mistake resulting in harm to the patient, especially in the following circumstances:

A - If the error was a result of ignorance of technical matters that the doctor should assume both in terms of diagnosis or description of appropriate treatment.

B - If the cause of harm to the patient was negligence or lack of due diligence.

C - If the cause of damage to the patient was that experience and scientific research made by the doctor are not supported technically.

The offending in the commission of error, whether a doctor, nurse or others, shall be penalized if the error is intentional or just simple negligence but if the error was intentional or was considered as a serious professional negligence, the punishment is up to the point of dismissal and the withdrawal of the license in addition to the signing of

Adoption of the patient and the doctor’s responsibility.

It is worth mentioning in this investigation is the request of a doctor in private clinics or specialists in hospitals to approve the signing of the patient’s consent to a surgical or medical examination.

The fact that the signing of the patient on this declaration does not exempt the doctor from their responsibility for damage to the patient if it is proved that responsibility was in accordance with the conditions and regulations referred to.

However, this recognition represents the only approval from the patient to treatment or surgery only in a particular hospital or clinic only, knowing that the patient’s consent and acceptance of a medical service is the tacit approval which can be inferred from the patient’s condition, which requires treatment.

Article 22 of Law No. 2 / 1983 concerning the practice of professions of Medicine and Dental Medicine and Surgery states:

“Without prejudice to any severer penalty provided for by law, a doctor is fined with maximum five thousand riyals if they if they made a mistake resulted in harm to the patient in case the error was a result of ignorance of technical matters that the doctor should assume or if damage to the patient caused by negligence of doctor or experiments and scientific research made by the doctor on the patient are not approved.

Alternatively, the court may issue its judgment to close or forfeit as the case may be upon the breach of the provisions of articles.