The status of medical malpractice litigations in Saudi Arabia

Abstract

Context: Medical malpractice is a leading cause of morbidity and mortality worldwide. Analyzing the current number of lawsuits and comparing it to previous years will help assess the status of medical malpractice litigations in Saudi Arabia. Subjects and Methods: A review and analysis of the annual statistics book of the Medico-Legal Committees (MLCs) in Saudi Arabia over the years (1437–1439 H) was conducted. Results: Over the 3-year study period, the total number of lawsuits was 3,684. The percentage of increase of malpractice lawsuits from 1437 until 1439 Hijri (2016–2018) was 26% (1,097–1,379 lawsuits). Obstetrics and Gynecology consistently had the highest number lawsuits compared to other specialties (25.6%), followed by dentistry (13.5%). Similarly, the rate of compensation after a lawsuit was highest in Obstetrics and Gynecology claims (62.7%), followed by dentistry (60%). The private healthcare sector consistently showed the highest number of lawsuits when compared to other healthcare providers, with a 73% increase over 3 years. The Ministry of Health showed an overall reduction in the number of lawsuits by 6.6% over the course of the study period. Conclusions: The number of lawsuits in Saudi Arabia is increasing rapidly. Understanding the reason for this is very important especially given the high rates of lawsuits for certain specialties and healthcare sectors. A root cause analysis cannot be conducted without a detailed reporting system for malpractice lawsuits; the development of which would help in research and the generation of solutions in this field.

The Government as Plaintiff: An Analysis of Medical Litigation Against Healthcare Providers in the Eastern Province of the Kingdom of Saudi Arabia

“…The present study analyzed violation claims in which MOH was the plaintiff, in contrary to the overwhelming majority of previous studies that analyzed only claims involving patients as plaintiffs. 16,18,20,23,24,28,29 The study found that a majority of HCPs were found guilty (82%) and that most of them received fines as their verdicts. Previous studies found the majority of defendants involved in medical litigation in KSA not guilty.…”

“…Indeed, violation claims against the private sector showed a consistent increase throughout the years compared with the public sector. 29 Although the increased prevalence of guilty verdicts among HCPs working in the private sector could be a reflection of increased violations of the Law, it could be also a result of an increased governmental oversight over private healthcare institutions. Governmental oversight over the private sector is the responsibility of 2 entities, the Private Health Sector Department and the Compliance Enhancement Agency.…”

“…Also, the number of defendants (other HCPs) involved in the violation claim was included. The extant literature guided the selection of the independent variables 4,16–18,20,23–25,28–30 …”

“…The extant literature guided the selection of the independent variables. 4,[16][17][18]20,[23][24][25][28][29][30]…”

Behavioural factors associated with fear of litigation as a driver for the increased use of caesarean sections: a scoping review

“…Fear of litigation (FoL) has been commonly recognised as an influential factor in medical decision making 7. Obstetrics is one of the leading medical specialities in terms of litigation risk and cost 8–11. FoL and defensive medicine (practice wherein a healthcare professional makes decisions out of FoL and not for the benefit of the patients) are commonly cited reasons for performing CS,12–14 sometimes without medical indication 12 15 16.…”