Bahrain: Medical liability law approved

Zawya

18-03-2025

Bahrain - A medical liability law, aimed at enhancing patient rights, improving healthcare quality and ensuring accountability in Bahrain's medical sector, was unanimously approved by the Shura Council yesterday.
The 34-article draft legislation, proposed by five members led services committee chairwoman Dr Jameela Al Salman, will be now drafted into a proper bill by the government and returned to the National Assembly within six months.
The draft law seeks to create a clear legal framework governing medical responsibility, establishing patient rights, professional obligations and accountability mechanisms for medical practitioners and healthcare institutions.
It also proposes the formation of a Higher Medical Liability Committee to oversee investigations into malpractice cases.
Some of the notable provisions in the law include:
* Strict penalties for medical negligence: Assisted dying or the removal of medical equipment without respiratory or cardiac failure could result in up to 10 years in jail.
* Accountability for unethical medical practices: Failure to treat patients, administering treatments against their will, using unapproved medicines or procedures, and conducting unnecessary surgeries could result in fines of up to BD1,000, imprisonment of up to one year, or both.
* Mandatory medical liability insurance: The law mandates that healthcare providers obtain insurance to cover potential medical errors, ensuring financial protection for both patients and professionals.
Dr Al Salman stressed the importance of accountability in the healthcare system, noting that the law is designed to protect patients and maintain trust in medical services.
'This law is not about punishing doctors; it's about ensuring a culture of accountability and safety,' she stated.
'Patients deserve to know they are receiving care from professionals who follow the highest ethical and medical standards.'
She also highlighted that mandatory liability insurance would serve as a financial safeguard for doctors, reducing their personal risk in cases of unintended errors.
Shura financial and economic affairs committee chairman Khalid Al Maskati cautioned that the law could financially strain private clinics and hospitals, leading to increased healthcare costs for patients.
'The cost of liability insurance and compliance measures could significantly impact smaller clinics and private hospitals, potentially leading to increased medical costs for patients,' he said.
Shura's second vice-chairwoman Dr Jihad Al Fadhel acknowledged the concerns raised by the committee but said that the long-term benefits of the law far outweighed the costs.
She further noted that the law would help reduce litigation by providing a fair administrative process for medical accountability and compensation, thus strengthening Bahrain's global standing in healthcare regulation.
Shura member Dr Hani Al Saati, a co-signee, pointed to the need for modern legislation to address Bahrain's evolving healthcare sector.
'This law comes in response to the urgent need to keep up with advancements in medical services,' he said.
'We must establish a unified legal framework to fill the existing legislative gap in medical liability and ensure mandatory insurance coverage for healthcare providers.
'This will protect both patients and medical professionals.'
Legislative and legal affairs committee chairwoman Dalal Al Zayed highlighted that the proposal introduced a clear legal definition of medical liability, ensuring a balanced approach between patient rights and doctors' professional duties.
'The key aspect of this proposal is that it assigns the responsibility of determining medical errors to a legally established committee, which will operate under a clear regulatory framework,' she said.
'This ensures fair and structured decision-making, with the final say resting with the Supreme Council of Health.'
The Private Medical Establishments Owners Society supported the proposal but called for greater private sector representation in the Higher Medical Liability Committee and better protection for medical professionals.
The Supreme Council of Health (SCH), the Health Ministry and the National Health Regulatory Authority (NHRA) have also expressed support for the initiative, noting that many of its objectives were already covered under existing healthcare laws.
Meanwhile, the Bahrain Medical Society welcomed the proposal, stressing its potential to boost trust in the country's healthcare system.
Shura member Ali Al Aradi noted that while the SCH believed existing laws already addressed medical responsibility, there remained a legislative gap concerning patient rights and mandatory medical liability insurance.
'We do not currently have a law that comprehensively defines medical responsibility and obligations,' he explained.
'It would be beneficial to consolidate existing laws under a single, unified legal framework to improve clarity and streamline regulations.'
Services committee rapporteur Dr Ibtisam Al Dallal said the proposed law represented a major step forward in ensuring patient safety, professional accountability and legal clarity in Bahrain's healthcare sector.
'While concerns over financial implications are raised, the law is a necessary investment in modernising medical regulations and reinforcing public confidence in healthcare services.
'The proposal is expected to shape the future of medical governance in Bahrain as a comprehensive and unified framework for medical liability sees the light.'
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