Article 34 of the Saudi Healthcare Professions Practice Law

This article sets out the jurisdiction of the Health Sharia Authority established by Article 33, and places it in two types of cases:

First: private-right cases. The Authority hears professional healthcare errors for which a claim for the private right is made, and the text mentions its forms: blood money (diya), compensation, and arsh. If a patient or relatives consider that a professional error harmed them and claim any of these, the Authority is the competent body.

Second: serious errors. The Authority also hears professional healthcare errors that result in:

• death, or
• damage to a body organ, or
• loss of the organ's function, or part of it.

In this type the Authority has jurisdiction even if there is no private-right claim. That is, the seriousness of the result is enough for the case to be brought before the Authority, even if the injured person or relatives claim nothing.

Under Article 33, the Authority is formed under a judge as chair, with a legal adviser, members from the medical and pharmacy colleges, physicians and a pharmacist, with the participation of the two pharmacy members limited to pharmacy-related cases. It is followed by Article 35, which provides that the Authority convenes with all members present, issues its decisions by majority with the judge among them, and that a grievance may be filed with the Board of Grievances within sixty days of notification. Anyone wishing to bring a claim over a medical error may consult a lawyer specialized in healthcare practice and medical malpractice cases.