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Legal liabilities of forensic medicine practitioners: International perspectives with considerations from Saudi
Dalia Mohammed Alsaif1, Magdy Abdelazim Kharoshah2, Aobay Abdulmohsin Alkhunaizi3
1Dammam Forensic Medicine Center, Dammam, Eastern Province, Saudi Arabia.
Abstract:
Forensic medical practitioners serve as the vital link between healthcare and the legal system, utilizing scientific medical knowledge to ensure justice. This close link places them at risk of legal liability, even in the absence of a traditional therapeutic doctor-patient relationship. In this paper, different legal liabilities faced by forensic examiners are exposed, ranging from breaches of confidentiality, lack of accurate reporting, and the issues of subjectivity of expert opinion. In order to demonstrate how diverse jurisdictions achieve a balance between practitioner protection and accountability, various international immunity frameworks are discussed, including the USA (quasi-judicial, witness, and qualified immunity), Europe (state responsibility), and Australia (specialized insurance frameworks). The study then shifts to the Saudi Arabian setting, evaluating recent legal changes, including the 2021 Law of Evidence, as well as the "injury" dilemma under the Law of Practicing Healthcare Professions. Despite the absence of documented lawsuits against forensic examiners in Saudi Arabia, this paper argues that such absence reflects procedural barriers rather than substantive immunity, creating a false sense of security. After identifying systemic vulnerabilities, authors suggested a comprehensive reform plan by forming a national forensic medicine committee to standardize protocols, developing a specialized insurance policy, mandate legal liability training integrated into the Saudi Board of Forensic Medicine curriculum, and promote a defensible practice culture. The study finds that proactive reform is necessary not only to safeguard practitioners but also to improve public confidence in the Saudi legal system and the integrity of forensic evidence.
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