The process of litigation for medical errors in Saudi Arabia and the United Kingdom

Abstract

Efficient process of litigation of medical errors is key to ensure fair, speedy, and accessible justice system. The conditions for establishing medical negligence are similar in both legal systems. These conditions include the duty of care, breach of that duty of care, the damages, and establishing causation. A culture of litigation and compensation is growing in UK and Saudi Arabia; however the cost of medical claims and awarded compensations are much more in UK compared to Saudi Arabia. In Saudi Arabia, there is a need for more transparency in the documentation and publication of litigated medical errors. In addition, there is a need to introduce interventions to shorten the duration of litigation in both legal systems. Financial caps on awarded compensation and caps on expert and legal fees are potential strategies to control the cost of medical errors which seem to work well in the Saudi model.