Legal Framework for Assessing Compensation for Harm Caused by Medical Malpractice under Palestinian Law

Abstract

This study examines the issue of compensation for medical malpractice in Palestine and the rules governing its assessment under the provisions of the new Medical Error Insurance and Compensation Regulation No. (19) of 2023. The study highlights the types of harm for which patients may be compensated within the framework of medical liability, the rules for calculating compensation for both material and moral damages, and the criteria for assessing compensation for the loss of future earning capacity, whether for the injured person or their dependent heirs in the event of death. The study also clarifies that compensation for the loss of future earning capacity applies when the injured person suffers a permanent functional medical disability that affects their ability to earn income in the future, whereas non-functional medical disabilities are compensated as moral damages.