Medical Responsibility and Protection from Medical Errors

A Workshop organized by the Al-Urdun Al-Jadid Research Center

The Human Rights Program at the Al-Urdun Al-Jadid Research Center organized a workshop entitled "Medical Responsibility and Protection from Medical Errors" which was headed by H.E. Dr. Ishaq Maraqa, and during which an introductory paper was presented by Dr. Mohammad Basheer Shreim. As for the main working paper, this was presented by H.E. Dr. Mamoun Hadidi, the Head of the National Center for Forensic Medicine.

H.E. Dr. Maraqa said that this constant discussion of medical errors is a result of the increase in the population and the development in medical services that Jordan has witnessed in recent years, and "someone who does not err is someone who does not work", calling people to distinguish between medical errors and negligence, adding that this is an occurrence that is present all over the world.

As for Dr. Shreim's introduction, this comprised a study that he conducted on medical errors in Jordan, during which he defined the concept of medical errors and their occurrence, and presented the types of medical errors that occur, using statistics that indicate there is a problem and that following it up has been neglected.

Dr. Hadidi, on the other hand stressed that discussing medical errors is not aimed at harming the Practitioner, on the contrary the main objective is to ensure such incidents are limited and that the standard of the medical services is advanced.

Talking about medical errors indicates a whole integrated process and is not directed at the practitioner alone, it involves the medication and the tools employed, the nurses and the technicians involved, and the administration. Dr. Hadidi then went on to classify medical errors into four categories which are of utmost importance, and which are the basis of medical responsibility. He also stated that the Jordanian Legislation does not handle this issue as an "error" but is more based on the "damage" it causes, thus making it very difficult to request compensation in malpractice cases because it is very hard to prove the amount of damage they causes.

Dr. Hadidi added that neither the patient nor the doctor are able to prove anything in a malpractice case without the presence of medical reports, and decisions are usually based on the "assumed errors" theory.

Finally, Dr. Hadidi stressed the importance of a Medical Law to govern the Medical processes that could result in an error.

Following the presentation of the main working paper, an extensive discussion took place during which the participants offered different opinions and thoughts on the subject, but the focus was mainly on the legal aspects and the responsibility involved when a medical error occurs. One of the participants said that the Medical Association was in charge of following up and monitoring medical errors for a very obvious reason, and that is a Doctor cannot practice medicine unless he is a member of this Association, since it is the entity that is in charge of developing this profession.