Article 34 of Law on the Practice of Medicine and Allied Health Professions

A physician shall not be liable for the patient's outcome so long as the physician has exercised the necessary care and resorted to all available means, which a person in similar circumstances and of the same specialisation would ascertain and be expected to follow, in accordance with the physician's grade and scientific, practical and professional level when diagnosing or treating the illness. A physician's liability shall arise in the following cases: 1- If the physician commits an error as a result of violating or being ignorant of established technical principles and basic rules of medicine, or being lax in implementing them. 2- If the physician conducts research, experiments or applications on the patient's body without authorisation from the competent authority at the Ministry, or without obtaining the patient's prior express written consent. 3- If the physician's negligence or failure to exercise the necessary care in attending to, monitoring and treating the patient's health condition is established. 4- If the physician performs any medical act on a patient in violation of the regulatory decisions issued by the Ministry in this regard. 5- If the physician performs surgery or prescribes, applies or administers treatment to the patient without being specialised and qualified to do so. Law Index 765 Home Page Law on the Practice of Medicine and Auxiliary Professions Law No. 70 of 2020 concerning the Practice of Medicine and its Auxiliary Professions, Patients' Rights and Health Facilities 6- If the physician uses medical devices, equipment, machines or instruments without sufficient knowledge or training to use them, or without taking the necessary precautions capable of preventing harm resulting from such use. A physician's liability shall not arise in the following cases: 1- If it is established and the recognised or unexpected medical complications in the field of medical practice. that the harm suffered by the patient was caused by the patient's own act or negligence. 2- If it is established that the harm suffered by the patient was caused by the patient's refusal of treatment, abstention from it, or failure to follow instructions issued by any specialist physician supervising or undertaking the patient's treatment, provided that the foregoing is recorded in the medical file at the time. 3- If harm befalls the patient as a result of concealing material information relating to the patient's health condition from the physician undertaking or supervising treatment. 4- If the harm results from a service fault or a cause external to the physician and beyond the physician's control. 5- If harm befalls the patient as a result of the recognised or unexpected medical effects and complications in the field of medical practice. 6- If the physician follows a particular medical method in diagnosis or treatment differing from that of other physicians in the same speciality, so long as the method followed accords with the medical principles recognised in this field. 7- If the harm occurs while the physician is performing the duty to provide assistance during disasters or general emergencies. Practitioners shall be bound by the same obligations as physicians, insofar as these can be applied to them. Any agreement or condition that limits or restricts the aforementioned cases of liability or provides exemption therefrom shall be void.