Local News

Why does litigation in medical malpractice cases take so long?

Amman Today

publish date 2021-09-15 16:05:00

The Amman Criminal Magistrate’s Court considers many medical liability cases, in which hospitals and doctors are accused. However, the speedy settlement of these cases is linked to conditions, most notably obtaining a technical expertise report, which is issued by a specialized committee consisting of 5-9 doctors in the Ministry of Health, and it may take a year Completely until it reaches the court, which disrupts the progress of the lawsuit.

The Jordan News Agency (Petra) followed more than 20 sessions within 4 months in the case of a medical error that caused the death of a dentist, which was received by the Amman Penal Court of Peace at the beginning of 2021, and the court held its first session in the case on February 25, and so far heard the prosecution witnesses. all of the public, numbering 13 witnesses, in addition to 3 witnesses claiming personal right; To submit a claim of personal right by the heirs of the deceased, as the law authorized the submission of this claim according to the criminal case.

It is expected that the court will pronounce its decision in this case within the next two months after it finishes listening to the defendant and his representative in the case and submitting the defensive evidence, if any.

Media spokesperson and Secretary-General of the Judicial Council Judge Walid Kanakreh told Petra today, Wednesday, that the task of the judiciary is to reach the truth and achieve justice, which requires listening to all parties to the case, including the evidence of the Public Prosecution, the claimant for personal rights, and defense attorneys, as one of the guarantees. A fair trial in accordance with international law and covenants, and the court issues its ruling immediately after it is completed, and there is no postponement of any session in any case without a clear and legal reason or justification.

He added that medical liability cases require listening to the witnesses of the Public Prosecution, who are mostly doctors and need to be discussed and listened to for sufficient time, and some of them are heard in several sessions to verify the existence of a medical error because the testimony includes many technical and medical matters.

He added that the Judicial Council has allocated judicial bodies in the main courts to consider cases of medical errors, and successive sessions are being held to consider them, and that the length of litigation in medical liability cases is due to several reasons, the most important of which is the number of witnesses required to be heard and the waiting for reports of technical expertise.

It is noteworthy that the final decision in determining medical responsibility or not depends on reports of technical expertise conducted by a committee consisting of doctors with experience and competence in the Ministry of Health, and their number ranges from 5 to 9. The courts have issued several court rulings convicting those responsible for medical errors in several cases received. It was proven that there was a medical error.

In one of the medical liability cases, the Amman Penal Court convicted a doctor working in the field of obstetrics and gynecology in a hospital and decided to imprison her for a year after it was proven to the court that the doctor had failed to take the decision to perform a caesarean section for a pregnant woman in a timely manner, which led to the death of the fetus. The law ranges from 6 months to 3 years. Article (12) of the Medical Liability Law states that it is not permissible to arrest the doctor accused in cases of medical errors during the period of consideration of the criminal case.


#litigation #medical #malpractice #cases #long

Jordan News

Source : اخبار الاردن

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