How to File a Complaint Against a Hospital in Jordan

What counts as an accident or injury claim in Jordan?

An accident or injury claim in Jordan is any legal claim for compensation when someone causes physical, psychological, or financial harm to you through fault, negligence, or a wrongful act. It covers road traffic accidents, work injuries, medical errors, and injuries in public or private places.

Under the Jordanian Civil Code, this falls mainly under "civil liability" (tort and contractual). You can usually pursue compensation for treatment costs, lost income, disability, and moral damages.

Main types of accident and injury claims

• Road traffic accidents: Car crashes, motorcycle accidents, pedestrian injuries, taxi or bus accidents. Governed by the Traffic Law and compulsory motor insurance rules.
• Workplace and industrial accidents: Injuries at work or occupational diseases. Governed by the Social Security Law and labor regulations.
• Medical injuries: Harm caused by alleged medical error in hospitals, clinics, pharmacies, or dental practices. Governed by Medical Liability Law No. 25 of 2018 and the Civil Code.
• Public place accidents: Injuries in malls, hotels, restaurants, schools, or public facilities due to unsafe conditions.
• Assault or intentional harm: Physical attacks or intentional injuries, which can give rise to both criminal prosecution and a civil compensation claim.

Which laws govern accidents and injuries in the Hashemite Kingdom of Jordan?

Accidents and injuries in Jordan are mainly governed by the Civil Code for liability and compensation, plus specific laws such as the Traffic Law, Social Security Law, and Medical Liability Law No. 25 of 2018. Criminal liability for causing injury is regulated by the Penal Code.

In practice, your case may involve both criminal proceedings (with the Public Prosecutor) and civil proceedings (before the civil courts or insurance bodies), sometimes in parallel.

Key statutes and authorities

• Jordanian Civil Code:
  • Articles on unlawful acts (tort) allow you to claim compensation for physical, material, and moral damage caused by another person's fault or negligence.
  • Courts use the Civil Code to calculate compensation in most accident and medical injury cases.
• Traffic Law and compulsory insurance rules:
  • Regulate road use, traffic violations, and liability for car accidents.
  • Require compulsory motor insurance, which is usually your first source of compensation after a crash.
  • Authorities involved: Traffic Police and Public Security Directorate.
• Social Security Law:
  • Governs work injuries, occupational diseases, and disability benefits.
  • The Social Security Corporation pays benefits if your employer is registered and premiums are paid.
• Medical Liability Law No. 25 of 2018:
  • Defines medical error vs medical complication.
  • Creates the Technical Higher Committee and subcommittees to review alleged errors.
  • Sets rules on how patients can complain and how doctors are investigated, including protections against pre-trial imprisonment.
• Jordanian Penal Code:
  • Addresses criminal responsibility for causing injury or death through negligence or intentional acts.
  • The Public Prosecutor can investigate serious accidents (for example, fatal crashes or severe medical negligence) as crimes.

How does Jordanian law distinguish a medical complication from a medical error?

Under Medical Liability Law No. 25 of 2018, a medical error is a breach of accepted medical standards, rules, or duties that causes harm, while a medical complication is an unwanted but recognized result that can happen even when doctors follow the correct procedure. Only a proven medical error can lead to legal liability under this law.

The Technical Higher Committee plays a central role in deciding whether a harmful result is a complication or an error, based on medical records and expert review.

Legal definition of medical error

The law views a medical error as conduct that involves one or more of the following:

• Violating established professional standards or guidelines.
• Negligence or lack of due care in diagnosis, treatment, follow-up, or monitoring.
• Ignorance of basic medical knowledge that a similar practitioner in the same specialty should have.
• Failure to obtain proper consent when required.
• Using unsafe or unapproved methods without proper justification and consent.

To count as a legal medical error, this conduct must have a clear causal link to the harm you suffered.

What is a medical complication under Jordanian law?

A medical complication is a harmful result that is known in medical literature as a possible risk of a procedure, treatment, or drug, even when the doctor acted carefully and followed all rules. In such cases, if the doctor informed you of the usual risks and acted within the standard of care, liability is usually excluded.

• Examples of complications:
  • Expected side effects of surgery, such as infection risk, even when sterile technique was followed.
  • Allergic reaction to a medication that was not reasonably predictable.
  • Failure of a treatment that has a known percentage of failure even in ideal conditions.

How the Technical Higher Committee decides between complication and error

• The Committee reviews:
  • Your full medical file and hospital records.
  • Test results, imaging, and nursing notes.
  • The informed consent forms you signed.
  • Guidelines for that specialty and procedure.
• It assesses:
  • Whether the doctor followed accepted standards for diagnosis and treatment.
  • Whether a reasonable doctor in Jordan could have avoided the harm.
  • Whether the outcome was a recognized complication despite proper care.
• It issues a written technical report stating:
  • If a medical error occurred or not.
  • The degree of fault, if any.
  • The causal link between the error and the damage.

Civil and criminal courts heavily rely on this report when deciding liability or compensation.

How do you submit a medical complaint to the Ministry of Health and the Technical Higher Committee?

To submit a medical complaint in Jordan, you usually file it first with the Ministry of Health or the relevant health authority, which then refers it to the Technical Higher Committee or a specialized subcommittee. The Committee reviews the case and issues an expert opinion that forms the basis for any civil or criminal case.

You do not file directly with the Committee yourself; instead, you complain through official channels such as the Ministry of Health, the Public Prosecutor, or the hospital administration.

Step-by-step process to submit a medical complaint

1. Gather your documents:
   • National ID or passport and contact details.
   • Medical reports, prescriptions, and discharge summaries.
   • Any imaging (X-rays, CT, MRI) and test results.
   • Invoices and receipts for payments.
   • Names of doctors, nurses, and the hospital/clinic.
2. Request your full medical file:
   • Submit a written request to the hospital or clinic to obtain a copy of your file.
   • Under Jordanian practice, the facility keeps the original but must provide copies upon request, sometimes for a small fee.
3. File the complaint with the correct body:
   • Public hospitals: File with the Ministry of Health (complaints unit) or the hospital directorate.
   • Private hospitals/clinics:
     • File with the Ministry of Health if it concerns medical practice.
     • You can also complain to the Jordan Medical Council or professional association (e.g., Jordan Medical Association) for disciplinary aspects.
   • If there is serious injury or death: You may also go directly to the Public Prosecutor, who will then seek a technical opinion from the Committee.
4. Submit a written complaint:
   • Describe what happened, with dates, facilities, and names.
   • Explain the harm: new disability, extra surgeries, death of a relative, loss of income.
   • Attach copies of all documents and medical reports you have.
5. Administrative review and referral to the Technical Higher Committee:
   • The Ministry of Health registers your complaint and may request further documents.
   • The case is referred to the Technical Higher Committee for Medical Liability or a relevant subcommittee according to the specialty (e.g., surgery, obstetrics).
6. Expert review and report:
   • The Committee studies the file and may ask the hospital or doctors for their responses.
   • It may interview the doctors or request additional examinations for the patient.
   • It issues a technical report on whether there was a medical error or a complication, and the extent of harm.
7. Use the report in court or settlement:
   • If the report confirms a medical error, you can:
     • File a civil lawsuit for compensation in the competent court, attaching the report.
     • Support a criminal complaint if the Public Prosecutor is involved.
   • If the report classifies the case as a complication, you can still consult a lawyer to assess whether to challenge or seek another expert opinion, but your case becomes more difficult.

How long does the complaint process take?

• Administrative review and referral: typically several weeks, depending on the Ministry's workload.
• Technical Higher Committee review: can take several months in complex cases, especially if multiple specialties are involved.
• Civil court process: often 1 to 3 years, depending on appeals and the complexity of the evidence.

Typical costs involved

Why are doctors usually not arrested immediately after an alleged medical error in Jordan?

Under Medical Liability Law No. 25 of 2018, doctors and other healthcare providers are generally protected from immediate arrest or pre-trial detention based solely on an allegation of medical error. Authorities must first obtain an expert opinion from the Technical Higher Committee or specialized experts to determine if there was actual medical fault.

This protection aims to prevent unjust imprisonment in technical cases and to keep the healthcare system functioning, while still allowing liability and punishment when a true error or crime is proven.

Legal protections against pre-trial imprisonment

• The Medical Liability Law restricts the use of pre-trial detention for healthcare professionals in cases that involve alleged medical error.
• Before criminal measures are taken:
  • The case is referred for technical evaluation.
  • The expert report must indicate that the healthcare provider committed a medical error leading to serious harm or death.
• Even then, courts often rely on measures like:
  • Travel bans.
  • Financial guarantees or bail.
  • Professional disciplinary actions.
  rather than immediate imprisonment during investigation.

When can a doctor face arrest or detention?

A doctor may face arrest or detention if the case involves behavior beyond normal medical practice, for example:

• Intentional harm to the patient.
• Crimes unrelated to medical judgment, such as falsifying documents or practicing without a license.
• Serious violations combined with strong evidence of criminal intent.

Even then, the Public Prosecutor and courts usually consider the expert reports and the specific circumstances before ordering detention.

What this means for patients and families

• You may feel frustrated that a doctor is not immediately arrested after a tragic outcome, but this is a policy choice to avoid criminalizing honest medical practice before facts are clear.
• Your strongest action is to:
  • Submit a detailed complaint.
  • Ensure the Technical Higher Committee receives all relevant information.
  • Pursue civil compensation and disciplinary measures where appropriate.
• A lawyer can help you push the process forward, but cannot bypass the legal protections that prevent automatic detention.

How is compensation for accidents and injuries calculated in Jordan?

Compensation in Jordan is calculated based on actual financial loss, medical expenses, loss of earnings, degree of permanent disability, and moral damages, as assessed under the Civil Code and relevant laws. Courts look at medical reports, age, occupation, and the seriousness of the injury to decide the final amount.

There is no single fixed tariff for all injuries, but there are patterns and principles that judges follow, often using disability percentages and actuarial calculations.

Main heads of compensation

• Medical expenses:
  • Hospitalization, surgery, medication, rehabilitation, and future medical care.
  • You should keep all receipts and invoices.
• Loss of income:
  • Salary lost during treatment and recovery.
  • Future loss of earning capacity if you cannot return to your previous work.
• Permanent disability:
  • Percentage of disability determined by medical experts.
  • Courts use this percentage along with your age and income to estimate long-term financial loss.
• Moral damages:
  • Compensation for pain, suffering, mental distress, and loss of enjoyment of life.
  • In case of death, also the emotional distress of close family members.
• Other material damages:
  • Transport costs, home modifications, help from caregivers.
  • Repair or replacement of damaged property (e.g., car, phone).

Role of insurance and Social Security

• Motor insurance:
  • Compulsory insurance covers bodily injury and property damage within policy limits.
  • You usually file a claim with the insurer of the at-fault car, who may settle or dispute liability.
• Social Security (for work injuries):
  • Provides work injury benefits, disability pensions, and lump-sum payments.
  • These benefits may reduce or interact with any civil claim against an employer or third party.
• Medical malpractice insurance:
  • Many hospitals and doctors carry liability insurance.
  • Settlements may be paid by the insurer once liability is established.

What are the time limits to file accident or medical claims in Jordan?

In Jordan, most civil claims arising from accidents or medical injuries must be filed within 3 years from the date you knew of the damage and the liable person, and in any case within 10 years from the incident. Missing these deadlines can cause your claim to be dismissed as time-barred.

Separate, shorter time limits may apply for notifying insurers or the Social Security Corporation, so you should act quickly even if you are still receiving treatment.

Civil limitation periods

• Tort claims (unlawful act) under the Civil Code:
  • 3-year limitation from the date the injured person knew of the harm and the responsible party.
  • Absolute maximum of 10 years from the date of the harmful act.
• Contractual claims (for breach of contract, including some medical treatment contracts):
  • Generally longer, often 5 or more years depending on the type of contract.
• Claims related to death:
  • The same 3-year and 10-year rules usually apply, starting from the date of death and knowledge of the responsible party.

Notification deadlines to other bodies

• Motor insurance:
  • Policies often require immediate or prompt notice, sometimes within a few days of the accident.
  • Late notice may give insurers arguments to reduce or deny coverage, so notify them as soon as possible.
• Social Security (work injuries):
  • Employers must report work accidents to the Social Security Corporation within short time frames (often days).
  • Employees should ensure their employer has reported the incident, or contact the Corporation themselves.
• Medical complaints:
  • You should file a complaint with the Ministry of Health or relevant authority as soon as you suspect a medical error.
  • If you wait too long, limitation rules may block your later civil or criminal case.

What should you do immediately after a traffic or work accident in Jordan?

After an accident in Jordan, you should secure your safety, call the police or Civil Defense, seek urgent medical care, and document the scene and witnesses. Then you notify your insurer or employer and start collecting documents for any future claim.

Quick, organized action in the first hours and days can strongly affect your ability to prove fault and obtain fair compensation later.

Step-by-step after a road traffic accident

1. Ensure safety and call for help:
   • Move to a safe place if possible and call the emergency number (911).
   • Request an ambulance if anyone is injured.
2. Contact the Traffic Police:
   • The Traffic Police will attend, record the incident, and prepare an official report.
   • This report is crucial for insurance and court proceedings.
3. Exchange details:
   • Note the names, phone numbers, and ID numbers of all drivers involved.
   • Record license plate numbers and insurance information.
4. Document the scene:
   • Take photos or videos of the vehicles, road conditions, and visible injuries.
   • Ask witnesses for their names and contact details.
5. Seek medical attention:
   • Visit a hospital or clinic as soon as possible, even if you feel fine.
   • Ask for written medical reports describing your injuries and treatment.
6. Notify your insurer:
   • Report the accident to your insurance company promptly.
   • Provide copies of the police report and medical documents when available.

Step-by-step after a work accident

1. Report immediately to your supervisor:
   • Inform your direct manager or HR about the accident in writing if possible.
2. Request that an official report be made:
   • Ask your employer to record the accident and notify the Social Security Corporation.
3. Seek medical care:
   • Go to a hospital or clinic and tell them it is a work injury.
   • Keep all medical reports and receipts.
4. Collect evidence:
   • Take photos of the workplace and any hazardous conditions.
   • List the names of co-workers who witnessed the incident.
5. Follow up with Social Security:
   • Check that your employer has reported the incident.
   • Submit any required forms to claim benefits.

When should you hire a lawyer or medical expert in Jordan?

You should hire a lawyer in Jordan when you have serious injury, permanent disability, death of a family member, or a complex medical case, especially if insurers or hospitals dispute fault. A lawyer can manage deadlines, evidence, and negotiations, and can coordinate with medical experts to strengthen your case.

In medical error cases, involving both a lawyer and an independent medical expert early is often decisive for success.

Situations where legal help is highly recommended

• Suspected medical negligence:
  • Death or serious disability after surgery, childbirth, or emergency treatment.
  • Conflicting explanations from doctors or missing information in your records.
• Severe traffic accidents:
  • Multiple vehicles involved or disagreement about who is at fault.
  • Severe injuries, long hospital stays, or need for long-term rehabilitation.
• Work injuries with long-term impact:
  • Risk of losing your job or being unable to return to your previous work.
  • Disputes with the employer or Social Security over classification and benefits.
• High-value or complex claims:
  • Cases involving large financial losses or multiple defendants (hospital, doctor, employer, insurer).

How a lawyer and expert can help in medical cases

• Review your medical file to check for missing or altered documents.
• Draft a strong complaint to the Ministry of Health and relevant bodies.
• Request and interpret the Technical Higher Committee report.
• Coordinate with independent medical experts to challenge or support technical findings.
• Represent you in negotiations and in court, including appeals.

What are the next steps if you or a family member was injured in Jordan?

Your next steps are to secure all medical records, file any necessary complaints or notifications, and consult a specialist lawyer to evaluate your legal options within the limitation periods. From there, you decide whether to pursue insurance claims, administrative complaints, civil lawsuits, or, in serious cases, criminal proceedings.

Acting methodically and early maximizes your chances of obtaining truth, accountability, and fair compensation.

Action checklist

1. Write down what happened:
   • Record dates, times, names, and details of the incident while your memory is fresh.
2. Collect and organize documents:
   • Medical reports, test results, discharge summaries.
   • Police or accident reports, Social Security documents, insurance letters.
   • Receipts and proof of expenses and lost income.
3. Request your full medical file (for suspected medical error):
   • Submit a written request to the hospital or clinic.
4. File necessary notifications:
   • Notify your insurer and, for work injuries, confirm your employer reported to Social Security.
   • File a complaint with the Ministry of Health or Public Prosecutor if you suspect medical negligence.
5. Consult a lawyer experienced in accidents and medical liability:
   • Ask for an initial assessment of the strength of your case and possible outcomes.
   • Discuss fees and whether a contingency or staged fee arrangement is possible.
6. Decide on your strategy:
   • Pursue insurance settlement only, or also file a civil claim.
   • In medical cases, wait for the Technical Higher Committee report, then decide on civil or criminal action.

By following these steps within the legal timelines and using the mechanisms created by laws such as Medical Liability Law No. 25 of 2018, you give yourself the best chance to protect your rights after an accident or injury in the Hashemite Kingdom of Jordan.