Public Policy Impacting themedical liability codes- Jordan

Health tourism subspecialty has transformed
health care to be Global care:

• cardiac and including coronary artery bypass grafting
  (CABG), valve replacements, and heart transplants,
• cancer treatments providing patients with access to
  advanced therapies, such as chemotherapy,
  immunotherapy, and radiotherapy,
• Cutting-edge technology,
• Physiotherapy (Natural advanced)
• Cost-effective care.
• Visa entry friendly procedures

This expansion brings
(IMPACTS)

• challenges related to medical responsibility,
• Patient safety, and
• Ethical considerations.

Health tourism Impacts

• Improves long-term follow-up.
• The complexities of these treatments heighten the
  importance of informed consent,
• legal accountability,
• Improves adherence to international healthcare
  regulations

Key concerns include

• Treatment continuity,
• Post-procedural complications,
• Malpractice risks,
• Disparities in healthcare standards across countries.
• Strengthening global regulatory frameworks,
• Implementing stringent accreditation systems,
• Fostering cross-border collaboration between
  healthcare providers
• Patient safety and high-quality car

Attractive Criteria to Select
international Medical Service

1.Quality of care and liability
2.Cost effective
3.Accessibility Visa friendly applications

providing care and avoiding negligence,
rather than guaranteeing a cure.

The medical field is a practice that embodies
humanitarian, ethical, and scientific principles,
tracing back to the dawn of humanity.

Throughout history, it has developed traditions and standards that
compel practitioners to uphold human dignity in every situation, act
as exemplary figures in their conduct and interactions with others,
maintain integrity in their work, protect individuals’ lives and dignity,
demonstrate compassion, and commit themselves to the service of
others. The responsibility within the doctor-patient relationship is
centered on delivering care and preventing negligence, rather than
solely ensuring a cure.

Act 62 Jordan criminal law states لا يعتبر الفعل الذي يجيزه القانون
جريمة
An act permitted by law is not considered a crime.

The law permits medical operations and procedures
that conform to the principles of the profession,
provided they are carried out with the consent of the
patient, or one of the parents if the patient is a minor,
or their legal representative, or in cases of
urgent necessity.

Three essential Pillars
The Medical and Health RL No. 25 of 2018 in Jordan

Integrate HCAC and responsibility
Accreditation

This legal framework aligns closely with the
objectives of the Health Care Accreditation
Council (HCAC) in Jordan, which strives to
enhance healthcare quality and patient safety
through accreditation and capacity-building
initiatives.

integrating HCAC and
responsibility

HCAC accreditation serves as a recognition of healthcare
institutions meeting defined standards for quality and
safety, fostering continuous improvement and operational
effectiveness.

Jordan strengthens its commitment to international
standards, ensuring a cohesive approach to healthcare
accountability and quality improvement.

The goals medical responsibility law is not to prosecutes
But to
improve quality of care

transport,

despite the high risk associated with air travel.

Due to the thorough checklist inspections of the equipment conducted by the

captain and their assistants.

Legislation
s
Pillers of the Jordan MRL 2018

Article 4 site services provision

Medical and health responsibility is determined
based on the extent of the service provider’s adherence to
relevant professional rules and the location and (circumstantial
field of practice) of service provision.

Factors influencing this determination include the place of service
delivery, applicable standards, preceding, concurrent, or subsequent
conditions related to the provider’s actions, as well as the medical or
health procedures offered to the service recipient.

Article 5 Ethics

The service provider must perform their duties in accordance
with the ethics of the profession, its precision, and integrity,
adhering to recognized scientific principles.

They must ensure the necessary care for the patient without
exploiting their needs to achieve unlawful benefits for
themselves or others. Furthermore, the service provider
must treat all patients equally, without discrimination, and
comply with the applicable laws and regulations..

Piller 3

Liability insurance

Article 3 of regulation: Establishment of
the Medical and Health Liability Insurance Fund:

“The Medical and Health Liability Insurance
Fund shall be established under the provisions
of this law as a non-profit mutual fund. It shall
have legal personality and financial and
administrative independence, enabling it to
undertake all necessary legal actions to
achieve its objectives.”

Information on Cooperative and Mutual Insurance – Article 17
Despite the issuance of the Regulation for the Medical and Health Liability Insurance Fund,
enacted under Article 17,
Paragraph (c) of the Medical and Health Liability Law No. (25) of 2018:
Article 1: This regulation shall be called “The Medical and Health Liability Insurance Fund
Regulation of 2019″, and it shall come into effect sixty days after its publication in the Official
Gazette.

“A non-profit mutual (co-operative) fund shall be established within the
Council under the provisions of the law,

called the Medical and Health Liability Insurance Fund. The fund shall have
a legal personality with financial and administrative independence and
shall have the authority to carry out all necessary legal actions to achieve
its objectives, including entering into contracts and litigation.

In this capacity, it may own, lease, and invest movable and
immovable assets. In judicial proceedings, it shall be
represented by the State Litigation Attorney, who may
delegate representation to one of the attorneys.”

Article 5: Classification of Service Providers Based on the Risk Level of
Professional Practice

قيمة النقاط المادة 6

Trust Council

المادة 7 :-

• يشكل الرئيس لجنة لإدارة الصندوق برئاسة أمين عام المجلس الصحي العالي وعضوية كل من:
• مندوب مختص عن وزارة الصحة.
• مندوب مختص عن وزارة المالية.
• مندوب مختص عن إدارة التأمين/ وزارة الصناعة والتجارة.
• مندوب عن الخدمات الطبية الملكية.
• مندوب عن المستشفيات الجامعية، بالتناوب مرة كل سنتان.
• مندوب عن نقابة الاطباء.
• مندوب عن نقابة أطباء الاسنان.
• مندوب عن نقابة الصيادلة.
• مندوب عن نقابة الممرضين والممرضات والقابلات القانونيات.
• مندوب عن جمعية المستشفيات الخاصة.
• مندوب عن نقابة اصحاب المختبرات والتحاليل الطبية.
• مندوب عن احدى الجمعيات المهنية الصحية غير الممثلة بالنقابات، بالتناوب مرة كل سنتان.
• مندوب عن ديوان المحاسبة.
• مندوب عن أي جهة يتم اختياره من قبل الرئيس.
• ب- يعين الرئيس وبتنسيب من الامين العام احد موظفي المجلس للعمل امين سر للجنة.
• للأمين العام تكليف أي من موظفي المجلس القيام بأعمال مساندة الصندوق.
• د- للرئيس و / أو الأمين العام الطلب بتغيير أسماء المندوبين المشار إليهم بالفقرة (أ) وحسب ما تتطلبه المصلحة العامة.

Article 9: Fund Resources:

A-The fund’s resources consist of the following
sources:

Annual contributions from healthcare service providers practicing medical and
health professions in ministries and public sector health institutions.

Annual contributions from healthcare service providers practicing medical and
health professions in private sector clinics and healthcare centers.

Contributions paid by entities that host visiting healthcare service providers.

Returns on the investment of the fund’s assets.

Donations, aid, contributions, grants, bequests, and proceeds from endowments
dedicated to the fund, provided that Cabinet approval is required for those
originating from non-Jordanian sources.

Any other resources determined by the President, based on the recommendation
of the Secretary-General, and supported by a committee’s recommendation.

B-The fund’s assets shall be treated as public funds.

Medicolegal issues

1. Informed Consent

often involves minimally invasive but high-risk procedures.
Patients must be fully informed of risks, benefits, and
alternatives.

Consent is granted to those who are 18 years old or older,

married individuals, Those with a direct blood related parents
Sons daughter in laws relation authorized in writing by the
patient themselves.

2. Diagnostic errors eg

• Misdiagnosis Site
• Level (misdiagnosis spinal lesion)
• Nerve tissue damages

Medicolegal issues in Neurosurgery

3. Procedure-Related Complications Malpractice claims Can
   arise from:

• Procedural errors like hemorrhage, organ perforation, embolism,
  or misplacement of devices.
• Standard of care: Deviating from accepted practices without clear
  justification can lead to liability.
• Bleeding , Thrombus and clots

Medico legal issues

4. Devices Safety (Radiation and intervention )

• Overexposure:
• Documentation of dose: Increasingly important for medicolegal
  defense.

5. lab and Data Management

• Misinterpretation delayed diagnosis or wrong treatment.
• Retention and specimen storage: Samples and reports must be
  stored securely and be retrievable in case of legal review.

Medico legal issues

6. Communication and Handoff

• Failure to communicate critical findings to the referring
  physician or patient can be grounds for negligence.
• Post-procedure instructions: Must be clear to avoid
  complications.

7. Scope of Practice and Credentialing

• practice must within their credentialed privileges.
• Performing procedures outside one’s formal training or
  certification can be a legal risk.

Medico legal issues

8. Use of Off-label Devices

• Must be justified and documented clearly.
• Patients should be informed if a device is used off-label.
• off-label use is legal and often based on clinical judgment, but:
• The doctor must ensure it’s medically appropriate.
• Risks and benefits should be clearly explained to the patient.
• It should be documented in the patient’s record.
• Informed consent is especially important in off-label cases.

Medico legal issues

9. Documentation and Medical Records

• Incomplete or altered records are a major legal vulnerability.
• Timely, accurate, and comprehensive documentation protects
  against litigation.

Medico legal issues

10. Emergency Situations

• Implied consent may apply in emergencies, but should still be
  documented
• Ethical and legal frameworks vary depending on jurisdiction.

11. Tele-medicine and Remote Supervision

• Growing use raises questions about legal responsibility and patient
• safety

Medico legal
Challenges

Some of the key challenges we anticipate facing in the
field of special surgery are:

• Collaboration between surgeon anesthesiologist , vascular specialists,
  interventional radiologists and hospitals owning medical equipment.
• The use of medical devices for purposes other than their intended use.
• Limited intervention with a high level of risk.

Medico legal Challenges

Claims are usually against

• All team participants together with the hospital
• This allows defense to cross examine them all.

Recomendations

Final message

The law is essential for advancing the treatment
process,
and it must be enforced with fairness and
professionalism.

The primary goal of the Medical Liability Law
is to prevent errors and enhance the quality of
medical services
through genuine partnership with the judiciary.

Punishment is not the goal at all.