Law No 13 of 2025 Redefines Medical Liability in Egypt
In a legislative step considered one of the most significant in the history of Egypt’s healthcare sector, Law No. 13 of 2025 was issued to rebuild the medical liability system on clear institutional and scientific foundations, after decades in which the courts faced inconsistent technical assessments and a sharp rise in medical error lawsuits.
The law is based on Article (18) of the Egyptian Constitution, which affirms the right to health and the necessity of improving the quality of medical services and ensuring patient safety. It provides a comprehensive framework that balances the rights of patients with those of healthcare providers alike.
Redefining the Fundamental Concepts of Medical Liability
The law reformulated several concepts that had long been the subject of practical and judicial controversy. It expanded the definition of “medical professions” to include all individuals involved in providing healthcare—from physicians to nursing staff and technicians—reflecting the modern, team-based nature of medical practice. It also introduced a comprehensive definition of “medical service,” encompassing everything a patient receives during examination, treatment, or stay within a healthcare facility.
The definition of “medical error” has undergone a fundamental transformation; the law now explicitly distinguishes between ordinary error and gross negligence, marking a clear departure from the previous approach that placed many cases under the umbrella of “manslaughter” pursuant to Article 238 of the Penal Code. For the first time, the legislator recognizes scientifically established medical complications as foreseeable developments that do not give rise to liability, provided the physician adheres to scientific and professional standards—representing genuine protection for medical practitioners.
The law also grants informed consent a central and indispensable role in the therapeutic relationship, requiring that it be written, clear, and comprehensive of all potential risks, while providing legal alternatives in cases where the patient lacks capacity.
Strict Regulations for Safe Medical Practice
The law establishes a set of mandatory rules that function as a “professional constitution” for medical practice. These include adherence to established scientific standards, accurate documentation of every medical procedure, recording the patient’s medical history prior to treatment, and regulating surgical interventions in accordance with specific conditions related to facility preparedness, the qualification of the medical team, and the requirements of informed consent. The legislator also set out clear prohibitions, including exceeding the scope of one’s professional license, refusing to treat emergency cases, or violating the confidentiality of medical data.
These regulations create a more disciplined therapeutic environment, reduce the likelihood of disputes, and provide physicians with a clear framework to rely on in the performance of their duties.
The Higher Committee for Medical Liability… A Long-Awaited Institutional Step
One of the most significant features of the law is the establishment of the Higher Committee for Medical Liability, chaired by the Prime Minister, which serves as the technical authority responsible for resolving complaints related to medical errors. The committee comprises diverse medical, legal, and administrative expertise and is supported by subcommittees that conduct technical examination and investigation within 30 days, with the possibility of extension.
These committees are empowered to propose amicable settlements, and any agreement resulting from such settlements carries the force of an executory deed, thereby reducing the burden on the courts and providing a swift and fair mechanism for dispute resolution. The law further emphasizes safeguards of integrity, impartiality, and confidentiality, requiring committee members to recuse themselves in cases of any conflict of interest.
Through this mechanism, the assessment of medical errors shifts from individual judgment to an institutional system grounded in science and specialized expertise.
A Comprehensive Insurance System for Medical Injury Compensation
The establishment of the Medical Error Insurance Fund is one of the most advanced components of the law. For the first time, the legislator has introduced an insurance system that covers cases of death, disability, and bodily injuries resulting from medical error. Participation in the fund is a prerequisite for renewing professional licenses for healthcare facilities and practitioners, ensuring sustainable financial protection for patients and shielding medical professionals from financial burdens that could impact the practice of their profession.
The law also allows compensation to be obtained either through amicable settlement or pursuant to a final court judgment, providing a fair and efficient mechanism for protection.
A Graduated Penalty System That Strikes a Balance
The philosophy of penalties under the new law is based on distinguishing between different levels of fault. Ordinary error is punishable by a fine, while gross negligence constitutes a criminal offense that may carry a penalty of up to five years’ imprisonment and a fine of up to two million Egyptian pounds. The scope of liability also extends to the actual management of medical facilities if it is proven that they were aware of the violation or failed to prevent it.
Conversely, the law strengthens protections for healthcare workers against verbal and physical assaults, criminalizes malicious complaints, and provides broad opportunities for reconciliation—even after a final judgment has been issued—in order to safeguard the future of practitioners in cases of unintentional errors.
Conclusion
Law No. 13 of 2025 represents a major legislative turning point, establishing a new scientific and legal foundation for managing the relationship between patients and healthcare providers. It links patient-safety requirements with the safeguards afforded to physicians, and creates an integrated system for technical assessment, compensation, and deterrence. In doing so, it paves the way for a more efficient and equitable era in Egypt’s healthcare sector—one grounded in professionalism, discipline, and transparency.
Frequently Asked Questions
What is Egypt Law No 13 of 2025 on medical liability?
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Egypt’s Law No. 13 of 2025 is a comprehensive medical liability law that rebuilds the rules of responsibility
for healthcare providers on clear scientific and institutional bases. It is grounded in Article 18 of the
Egyptian Constitution, which guarantees the right to health and aims to raise the quality of medical services
while protecting both patients and medical professionals.
How does Law No 13 of 2025 protect patients in Egypt?
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The law strengthens patient protection by requiring written and clear informed consent, accurate documentation
of all medical procedures, and strict rules for surgeries and emergency care. It obliges healthcare providers
to follow recognized scientific standards and regulates access to patient data, creating a safer and more
transparent treatment environment that limits disputes and errors.
How does Law 13 of 2025 define medical error in Egypt?
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Law No. 13 of 2025 distinguishes between ordinary medical error and gross negligence. Ordinary error may occur
despite following accepted medical standards, while gross negligence involves serious deviation from those
standards. The law also recognises scientifically expected complications as non-liable events when the doctor
complies with professional and scientific rules, which protects practitioners from unfair criminal accusations.
What is the Higher Committee for Medical Liability in Egypt?
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The Higher Committee for Medical Liability is a national body chaired by the Prime Minister that acts as the
technical authority for medical error complaints. It works through specialised subcommittees that examine cases,
issue expert reports within a set time frame, and can propose amicable settlements. Any settlement approved by
the parties has the force of an executory deed, reducing the burden on courts and ensuring impartial, expert-
based assessments.
What is the Medical Error Insurance Fund in Egypt?
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The Medical Error Insurance Fund is a new mechanism created by Law No. 13 of 2025 to compensate victims of
medical errors. It covers cases of death, disability, and bodily injury resulting from proven error. Enrollment
in the fund is mandatory for healthcare professionals and facilities as a condition for renewing their licenses,
ensuring available resources for compensation while protecting practitioners from crippling financial claims.
What penalties apply under Egypt Law 13 of 2025?
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Penalties under Law No. 13 of 2025 are graded according to the level of fault. Ordinary error is punished mainly
by fines, whereas gross negligence may lead to imprisonment of up to five years and fines that can reach two
million Egyptian pounds. Liability can extend to the actual management of medical facilities if they knew of the
violations or failed to prevent them. At the same time, the law criminalises assaults on healthcare workers and
malicious complaints, offering broader legal protection for those acting in good faith.
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