Article 35 of the Saudi Healthcare Professions Practice Law

This article regulates how the Health Sharia Authority works and challenging its decisions.

First: convening. The Authority convenes with all members present, so it is not valid for it to convene with only some of them.

Second: issuing the decision. Decisions are issued by majority, on condition that the judge is among the majority. It is not enough for most members to agree on an opinion if the judge disagrees with it.

Third: grievance. A grievance may be filed against the Authority's decision before the Board of Grievances within sixty days of the date the Authority's decision is notified. The period starts from the date of notification, not the date the decision is issued. The text does not say specifically who may file a grievance or what its procedures are.

These provisions apply to the cases within the Authority's jurisdiction under Article 34, which are professional healthcare errors for which a private-right claim (diya, compensation or arsh) is made, and errors that result in death or damage to an organ or loss of its function, even without a private claim.

It is followed by Article 36, which provides that the public prosecution before the Authority is represented by employees designated by a decision of the Minister. Because the grievance period is fixed, anyone against or in whose favor a decision was issued and who wishes to challenge it should consult a lawyer specialized in healthcare practice and medical malpractice cases without delay.