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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.
Summary
Criminal medical malpractice cases in Jordan primarily stem from professional standard failures, not intent. Courts focus on fault, highlighting the need for stronger expert roles and consistent law application for patient safety.
Area of Science:
- Forensic Medicine
- Medical Law
- Public Health Policy
Background:
- Medical malpractice is a global issue with legal ramifications.
- Jordan addresses criminal medical liability via its Penal Code and Medical and Health Liability Law No. 25 of 2018.
- The practical application of these laws in Jordan requires further exploration.
Purpose of the Study:
- To analyze criminal medical malpractice cases in Jordan.
- To examine the legal frameworks, case characteristics, and outcomes.
- To inform healthcare and legal practices regarding medical errors.
Main Methods:
- Retrospective review of court verdicts from the Qistas database (up to January 2025).
- Inclusion of criminal proceedings related to medical errors.
- Descriptive and inferential statistical analysis using Jamovi.
Main Results:
- 180 out of 342 rulings met inclusion criteria.
- Obstetrics/gynecology (27.1%), general surgery (15.8%), and emergency medicine (12.4%) were most involved.
- Proven errors occurred in 54.5% of cases, predominantly due to failure to follow professional standards.
Conclusions:
- Jordanian courts prioritize professional fault over punitive intent in criminal malpractice.
- A higher likelihood of conviction was observed for female defendants.
- Recommendations include strengthening expert committees, consistent application of the Medical Liability Law, and enhanced medicolegal education.
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