Tortious Liability for Damages Caused by Medical Products in Saudi Civil Transactions (A Comparative analytic study)

Abstract

There is an increasing demand from patients, driven by their desire to overcome health issues, for medications, medical preparations, and related devices and supplies that can facilitate their treatment more quickly and conveniently. Therefore, the Saudi legislator has paid keen attention to regulating the pharmaceutical market in the Kingdom and protecting society from the harms of medical products. This study proceeds from a core problem: exploring how the Saudi legal system addresses the identification of the actual or primary party responsible for medical damages, the mechanisms to establish liability, and the methods for determining compensation for those affected. The study has adopted the analytical approach. The study has yielded several findings. The most crucial of which is that the concept of fault requiring proof is a fundamental basis of tortious liability for medical products. This applies even in the absence of any personal fault by the claimant or fault by one of their subordinates in causing the resulting harm, meaning that no contributory fault was involved in the occurrence of the damage. In addition, the study concluded with several recommendations, the most important of which is the need to adapt the rules of civil liability for producers from a compensatory function to a preventive one. This can be achieved by expanding the scope of compensable damages through the adoption of the precautionary principle, which imposes a duty on the producer to continue monitoring to reduce the concept of foreseeability and the risks associated with development