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Criminal liability in medical malpractice cases in Jordan: Analysis
Yasmeen Jamal Alabdallat1,2, Hamza K Alsalhi1, Fatima Abdallh1
1Faculty of Medicine, Hashemite University, Zarqa, Jordan.
Abstract:
Medical malpractice occurs when healthcare providers fail to meet accepted standards, causing patient harm. Globally, malpractice is addressed through civil, criminal, or combined legal actions. In Jordan, criminal liability can arise under the Penal Code and the Medical and Health Liability Law No. 25 of 2018. However, practical application remains underexplored.This study analyzes criminal medical malpractice cases in Jordan, examining legal frameworks, case features, and outcomes to inform healthcare and legal practice. A retrospective review of court verdicts from the Qistas database was conducted through January 2025. Eligible cases included criminal proceedings related to medical errors. Descriptive and inferential statistics were performed using Jamovi. Of 342 rulings, 180 cases met the inclusion criteria. Obstetrics and gynecology (27.1%), general surgery (15.8%), and emergency medicine (12.4%) were the most implicated specialties. Proven errors occurred in 54.5 % of cases; failure to follow professional standards was the leading cause. Regression analysis reveals the higher likelihood of conviction among female defendants. Jordanian courts emphasize professional fault over punitive intent in criminal malpractice cases. Strengthening expert committee roles, enforcing consistent use of the Medical Liability Law, and enhancing medicolegal education are crucial to ensure fair accountability and patient safety.
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