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Medical malpractice happens in all parts of the world, even in advanced countries. In the Gulf, however, cases of medical malpractice are reported on an almost weekly basis.

A Saudi newspaper states that doctors work eight hours a day, and sometimes on the same day, they are assigned to a night shift during which they are allowed to sleep for two hours.

The doctor cannot be woken up unless it is an emergency.

The patient who visits the hospital at night meets the doctor working the night shift, a general practitioner, who then prescribes painkillers for the patient following a check-up.

The medication prescribed to the patient needs to be the right one. In nearly all hospitals, specialist doctors are not available during the night. And sometimes, families of patients insist on seeing a specialist in order to ensure that the surgery or prescription is administered correctly.

This kind of situation is the fundamental reason behind cases of medical malpractice in the Arabian Gulf. The regularity of such cases has made it a phenomenon unique to the region.

According to statistics published by Gulf dailies from time to time, hundreds of patients fall victim to medical negligence and malpractice.

Only the lucky ones survive, and when they do survive, they often spend the rest of their life in a wheelchair. This situation poses the following question: Do Gulf Cooperation Council (GCC) countries have the legislation necessary to prosecute doctors responsible for malpractice?

Or does the legislator derive provisions from other, general laws?

Biggest concern

If one were to ask any Gulf patient in a local hospital what his or her biggest concern was, they would say medical malpractice. This was the consensus in most reports published by GCC newspapers, and the one that stands out the most is the report published by a Saudi newspaper over the past two years.

That report in particular is a significant one because it strongly stands up to the phenomenon of medical malpractice. It seems that the campaign by the newspaper had official backing. The issue of medical malpractice in Saudi Arabia is one that induces fear among the public, particularly following the publication of some horrifying stories, such as that of Ghadir Al Zahrani, who suffered from quadriplegia due to malpractice or Rama Al Muhaimed, who received a chemo injection by mistake.

Other cases include newborns who had their genitals damaged due to botched circumcisions or died due to an anaesthetic overdose.

The reasons behind such a fertile environment for fatal medical malpractices in GCC hospitals are the following: Medical reports about tests carried out on patients are not delivered in a timely manner in order to help with the diagnosis of a patient’s medical condition. In fact, medical reports might not be delivered at all. Another reason is the absence of necessary surgical equipment. The absence of oxygen tanks in delivery rooms, for example, can lead to newborns suffering from a number of impairments or diseases.

Other factors include a lack of proper training for medical staff, as well as misdiagnosis, which can lead to a patient being given the wrong medical or surgical procedure, therefore putting the patient’s life at risk. Another issue is the absence of legislation that can punish the offenders and deliver justice to the victims. It is worth noting that the UAE issued in 2008 a law pertaining to medical malpractice.

There is a sense of ambiguity in statements regarding medical malpractice in the Gulf. Such an issue cannot be addressed by simply cooperating with official or private bodies. Moreover, the aforementioned ‘ambiguity’ in dealing with this issue exacerbates the phenomenon and makes it even more dangerous, such as affecting development-related decisions for which society pays the price.

However, there are those who speak up about the issue in a transparent and credible manner, and they must be praised and encouraged for adopting such an approach. An appropriate example is Saudi Arabia, which published statistics that the press can build on in its investigations. Sources in the Saudi press said that during the past four years, a total of 5,105 malpractice cases were submitted to the Saudi judicial health authorities, with rulings issued on 2,139 cases. A total of 6,545 sessions were held to discuss these cases.

The Dubai Health Authority (DHA) temporarily suspended and revoked the licences of 32 doctors in 2012 due to malpractice investigations. The necessary punishments were later handed out upon the completion of the investigations. In January 2015, the DHA revealed that more than 500 medical complaints were filed against doctors, private and public hospitals and clinics in Dubai in 2014. In Bahrain, a parliamentary investigations committee registered 1,202 cases of fatal medical malpractice in 2003, and 1,201 lawsuits in 2006.

In the US, which spends $1.5 trillion (Dh5.50 trillion) annually on health care, 120,000 deaths were caused by medical malpractice and one million people are affected yearly. According to the French Ministry of Health, 400 cases of medical malpractice occur on a daily basis, which equals to 150,000 cases a year, a very worrying figure in the 21st century.

GCC citizens and residents will not regain their trust in national medical facilities unless state officials visit these hospitals to seek treatment.

— Mohammad Hassan Al Harbi is a writer and journalist.