Article 41 of the Saudi Healthcare Professions Practice Law

This article regulates insurance against medical professional errors, and sets three provisions:

First: mandatory insurance. Subscription to cooperative insurance against medical professional errors is mandatory for all physicians and dentists working in public and private healthcare institutions.

Second: the institution's guarantee. Healthcare institutions and facilities guarantee payment of compensation awarded by final judgment against those who work for them in two cases:

• If no insurance coverage is available.
• Or if the coverage is insufficient.

The institution then has the right of recourse against the person ruled against for what it paid on their behalf. So the institution guarantees the patient's right first, then recovers what it paid from the practitioner.

Third: widening the scope of insurance. The mandatory insurance may cover other categories of healthcare practitioners, but that is done by decision of the Council of Ministers on the proposal of the Minister of Health, not by this article alone.

The practical benefit for the patient is that their compensation awarded by final judgment is not lost if the physician lacks sufficient insurance, because the institution they work for guarantees payment.

It is preceded by Article 40, which refers the procedures for hearing violations and cases to the Implementing Regulations, and followed by Article 42, which repeals the two previous laws on practicing medical professions and pharmacy. Anyone owed compensation or in a dispute over insurance coverage may consult a lawyer specialized in healthcare practice and medical malpractice cases.