Medical malpractice claims in Saudi Arabia: the law and who decides your case

The three kinds of liability under the Healthcare Professions Law, and the move of malpractice cases to specialised court circuits.

If you or a family member were harmed by medical treatment in Saudi Arabia, the main law to know is the Law of Practicing Healthcare Professions, issued by Royal Decree No. M/59 of 1426H (2005). Private hospitals and clinics are also subject to the Law of Private Health Institutions.

The standard of care

A healthcare practitioner must give the care expected under recognised scientific and professional standards. An error is not judged by the bad outcome alone: the question is whether the practitioner fell below what a competent practitioner in the same specialty would have done.

Three kinds of liability

• Civil liability: a practitioner whose professional error harms a patient must compensate the patient (Article 27). A clause that tries to exclude this liability is not valid. Compensation can include diya (blood money) or arsh for bodily harm, as well as other proven losses.
• Criminal liability: certain serious violations listed in the law carry imprisonment of up to six months and a fine of up to SAR 100,000 (Article 28).
• Disciplinary liability: breaches of professional duties can lead to a warning, a fine or revocation of the licence (Article 31).

One incident can give rise to all three at the same time.

Who decides the case today

For many years, malpractice claims were heard by Sharia Health Committees under the Ministry of Health, with appeals to the Board of Grievances. That has changed: jurisdiction over medical malpractice has been moved to the judiciary. Specialised malpractice circuits now sit within the General Court in Riyadh, with specialised appeal circuits, and they work with medical experts who advise the court. The Ministry of Justice inaugurated these panels' main office at the Riyadh General Court in December 2024. Hearings can be held electronically.

What a strong claim needs

• The full medical file: request copies of your records, test results and imaging as early as possible.
• A clear timeline of events: dates, names, what was said and done.
• Evidence of the harm and its consequences: further treatment, lost income, disability reports.
• An independent medical opinion on whether the care fell below the standard and whether that caused the harm. This is usually the deciding issue.

Act early

Do not wait. Records become harder to obtain, memories fade, and procedural deadlines may apply to your claim. Take advice promptly on the deadline that applies to your case.

The LexArab assistant can help you organise the timeline of events and draft a first summary of your complaint. Our legal services team can arrange a review of the file by a lawyer and an independent medical expert.

This article is general legal information, not legal advice. Medical malpractice cases depend heavily on their facts and on expert evidence.