Compensating those harmed and protecting staff from financial fallout — Medical Liability Law has required insurance since 1986
Libya – The head of the Medical Insurance Authority, Abdelbaset Bu Janah, stressed the importance of insurance against medical errors as a mechanism to protect patients and ensure their right to compensation when liability is established, while also shielding doctors and other medical professionals from the financial consequences of professional liability.
Harm that can extend to disability or death
Bu Janah told the Libyan News Agency (LANA) that once liability for a medical error is established, the resulting harm can go far beyond treatment costs, extending to disability, loss of a limb or death, and the material and moral damage that follows for the patient and their family.
He added that an institutional insurance system provides a clear mechanism for dealing with the effects of harm and compensating those affected, and relieves citizens of the burden of entering into long, direct disputes with the doctor or the treatment facility.
Not every complication is a medical error
He stressed that insurance does not mean treating every health complication as a medical error or holding the doctor responsible for every undesired treatment outcome, explaining that liability is tied to proven professional error and a breach of obligations or the scientific standards of medical practice, taking into account the circumstances and available means.
Protection covering various medical professions
Bu Janah noted that insurance cover extends to doctors, nurses, technicians and other workers in medical professions and related fields, given that professional liability may fall on more than one party in the course of delivering health services.
A legal basis in place since 1986
He pointed out that medical insurance in Libya rests on an existing legal foundation, explaining that Medical Liability Law No. 17 of 1986 required those practising medical professions and related fields to insure against the risks of their work.
He added that the Medical Insurance Authority’s remit includes covering civil liability for death, injuries and material and moral damage resulting from medical errors.
He stressed that developing the medical insurance system and strengthening the Authority’s role would organise the relationship between the patient and the health-service provider and clarify responsibilities more clearly, protecting patients’ rights, shielding health-sector workers and helping to strengthen confidence in the healthcare system.
