Article 37 of the Saudi Healthcare Professions Practice Law
المادة 37 من نظام مزاولة المهن الصحية
The article provides that a public-right claim is not heard after one year from the date of knowledge of the professional healthcare error, and refers the rules of knowledge to the Implementing Regulations.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تسمع الدعوى في الحق العام بعد مضي سنة من تاريخ العلم بالخطأ المهني الصحي، وتحدد اللائحة التنفيذية ضوابط العلم بالخطأ المهني الصحي.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 37 explained in plain English
This article sets a time limit for bringing a claim in the public right over professional healthcare errors: the claim is not heard after one year from the date of knowledge of the error.
Two important points should be noted in this provision:
- Its scope is the public right: the text speaks specifically of the claim in the public right, and does not state the rule for private-right claims brought by the injured person.
- The period starts from the date of knowledge: the year starts from the date of knowledge of the professional healthcare error, not from the date it occurred. Knowledge may come later than the occurrence of the error.
The Law did not set when a person is considered to know of the error, but provided that the Implementing Regulations set the rules of knowledge of the professional healthcare error. To learn how the start of the year is calculated, refer to the Regulations.
It is preceded by Article 36, which makes representation of the public prosecution before the Health Sharia Authority a matter for the employees designated by a decision of the Minister. It is followed by Article 38, which makes other violations arising from applying the Law, apart from the Health Sharia Authority's jurisdictions, a matter for committees formed by decision of the competent Minister.
Because the period is fixed and the calculation of its start depends on the Regulations' rules, anyone who learns of a medical error is advised to consult a lawyer specialized in healthcare practice and medical malpractice cases early.
Practical example
Saad underwent an operation in Riyadh and learned only months later that his complications resulted from a professional error. Under the article, the one-year period for the public-right claim starts from the date of knowledge of the error according to the rules set by the Implementing Regulations, not from the date of the operation.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 37 of the Saudi Healthcare Professions Practice Law
When does a medical error claim lapse?
The article provides that a public-right claim is not heard after one year from the date of knowledge of the professional healthcare error, and does not address private-right claims.
From when does the one-year period start?
From the date of knowledge of the professional healthcare error, and the Implementing Regulations set the rules of that knowledge.
More articles on Medical Sharia Authority
- Article 33
The article establishes the Health Sharia Authority, chaired by a judge, with legal, medical and pharmacy members, limits the two pharmacy members to pharmacy cases, and seats it at the Ministry of Health in Riyadh with possible regional bodies.
أ - تكون هيئة تسمى (الهيئة الصحية الشرعية) على النحو الآتي : 1 - قاضٍ لا تقل درجته عن قاضي (أ)، يعينه وزير العدل رئيسًا. 2 - مستشار نظامي يعينه الوزير. 3 - عضو
- Article 34
The article gives the Health Sharia Authority jurisdiction over professional healthcare errors for which a private-right claim is made, and over errors causing death or loss of an organ or its function, even without a private claim.
تختص الهيئة الصحية الشرعية بالآتي : 1 - النظر في الأخطاء المهنية الصحية التي ترفع بها المطالبة بالحق الخاص (دية - تعويض - أرش). 2 - النظر في الأخطاء المهنية الص
- Article 35
The article provides that the Health Sharia Authority convenes with all its members present, decides by majority including the judge, and that a grievance may be filed with the Board of Grievances within sixty days of notification.
تنعقد (الهيئة الصحية الشرعية) بحضور جميع الأعضاء، وتصدر قراراتها بالأغلبية على أن يكون من بينهم القاضي، ويجوز التظلم من اللجنة أمام ديوان المظالم خلال ستين يومً
- Article 36
The article provides that the public prosecution before the Health Sharia Authority is represented by employees designated by a decision of the Minister of Health.
يمثل الإدعاء العام أمام (الهيئة الصحية الشرعية) الموظفون الذين يصدر بتحديدهم قرار من الوزير.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.