The Cabinet Resolution No. 40 of 2019 related to Federal law No. 4 of 2016 i.e. Medical Liability Law was issued to elaborate the implementation machinery of the law. Prior to the issuance of the Cabinet Resolution, the practitioners who committed any minor medical error were also charged with criminal liablity.
After the issuance of the Resolution, it clarified through examples as to what “gross medical error” means that could be punished under the criminal law. Article 5 provides insight related to it:
- It shall be a gross medical malpractice if it leads to the death of the patient or foetus, loss of any organ and;
- unjustified nonconformity with well-established medical standards and rules
- doctor is under the impact of psychotropic substances or alcohol.
- practicing the profession beyond specialization for which doctor holds professional license.
- Without prior practice and medical guidance, doctor prescription of diagnostic test or therapeutic drugs.
The Cabinet Resolution under its Articles 9 to 15 also provides for the establishment of a Medical Liability Committee to supervise and receive any complaint relating to medical malpractice or negligence. Further, Article 18 lays down the provisions related to the disciplinary actions over:
- for private health facilities as an establishment;
- for doctors at such private healthcare facilities;
- for professional practitioners besides doctors and pharmacists at private health facilities;
- for pharmacists and assistant pharmacists;
- for Professional Practitioners at the Federal Government and Government Health Facilities.
The Cabinet Resolution Number 40 of 2019 has ushered a transparent system of accountability of medical professionals and allied health professionals as it has clear rules and procedures that need to be adhered by the health facilities, practitioners and the medical liability committee to assure quality healthcare to the ailing patients.
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