Medico Legal at Bahrain
Bahrain's medico-legal system integrates medical expertise with legal frameworks to address issues such as medical malpractice, regulatory compliance, and the handling of medical-related complaints. Key components of this system include:
National Health Regulatory Authority (NHRA):
Established in 2010, the NHRA serves as Bahrain's independent regulatory body overseeing healthcare standards. Its responsibilities encompass:
Licensing and Regulation: Ensuring that healthcare professionals and facilities meet established standards.
Complaint Investigation: Addressing complaints related to medical errors and professional misconduct.
Legal Affairs: Managing legal matters concerning healthcare practices and policies.
The NHRA's Legal Affairs Group is tasked with developing regulations and resolving legal issues within the healthcare sector.
Medical Complaints and Investigation Section:
This section focuses on:
Investigating medical complaints and judicial assignments related to medical errors.
Holding healthcare professionals accountable for violations of practice laws and ethical codes.
Prioritizing cases involving death, serious harm, or immediate threats to public health.
All complaints are handled confidentially and in accordance with NHRA regulations.
Legal Framework Governing Medical Practice:
Bahrain's legislation outlines the criminal liability of physicians, addressing both intentional and unintentional errors. Article 27 of Decree-Law No. (7) of 1989 specifies that a physician may be held liable if harm results from:
Ignorance of technical matters that are expected knowledge for all physicians.
Negligence or lack of proper care.
Performing unauthorized experiments or research that cause harm.
Determinations of medical errors are made by a competent committee established under Article 5 of the same law.
Salmaniya Medical Complex:
As Bahrain's largest tertiary hospital, Salmaniya Medical Complex plays a crucial role in the country's healthcare system. It provides secondary, tertiary, and emergency services, and houses the main morgue. The emergency department alone handles over 300,000 patients annually.
Notable Legal Cases Involving Healthcare Professionals:
In 2011, a group of 48 doctors, nurses, and dentists faced charges related to their actions during the Bahraini uprising. Initially tried in a military court, many convictions were later overturned or reduced upon retrial in civilian courts. The trials drew international criticism for perceived unfairness and allegations of mistreatment during detention.
Recent Developments:
In January 2025, a consultant doctor was acquitted of medical negligence charges due to insufficient evidence. The court emphasized the lack of corroborative evidence beyond a single testimony and referenced a report from the National Committee for the Regulation of Professions and Health Services, which found no occurrence of medical negligence.
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