Patient Rights in Morocco 2026: Complaints and Remedies

Patient rights in Morocco derive from several statutes rather than a single code. The main references are Law No. 131-13 on the practice of medicine, Framework Law No. 06-22 on the national healthcare system, Law No. 09-08 on personal data, the Criminal Code and the Dahir on Obligations and Contracts (DOC). In practical terms, professionals must provide conscientious care, respect the person's dignity, protect medical information and seek the patient's consent, except in an emergency or where the patient is medically determined to be unable to express it.

Framework Law No. 06-22, promulgated in 2022, organizes the transformation of the national healthcare system around principles such as equal access, continuity of services and quality of care. However, it does not, by itself, create an automatic right to compensation for every hospital failure. When patients claim compensation, they must still identify a basis for liability, establish their harm and demonstrate its connection with the care provided or the organization of the service. The legal classification also depends on whether the facility is public or private.

Patients must receive understandable information about their condition, the purpose of the proposed procedure, normally foreseeable risks and reasonable alternatives. A signature on a form does not necessarily prove that a genuine and appropriate discussion took place. Conversely, the absence of a form is not always sufficient to establish a failure to provide information. In practice, the judge examines the contents of the records, preparatory consultations, written communications, the degree of urgency and the explanations that the doctor can demonstrate having provided.

Medical confidentiality is protected in particular by Article 446 of the Criminal Code, subject to circumstances in which the law requires or permits disclosure. Health data are also governed by Law No. 09-08, which recognizes rights of access and rectification under the oversight of the CNDP. Note that no statute guarantees delivery of the complete records within forty-eight hours in every facility. The request should therefore be specific, in writing and addressed to the doctor, the clinic director or the hospital administration.

Before accusing a professional or negotiating compensation, request a copy of the medical records. The letter should state the patient's identity, the dates of treatment, the department concerned and the documents requested. Attach a copy of the national identity card or passport. If the request concerns a minor, a protected person or a deceased patient, documents establishing the applicant's capacity must be produced. Submit the letter against a receipt or send it by registered mail, because a telephone conversation does not prove that the request was made.

The relevant records are not limited to the discharge report. They include consultation and operation reports, laboratory results, radiological images, the anesthesia record, prescriptions and nursing monitoring records. If a document is missing, send a second request clearly identifying it. Originals should be preserved, and imaging files should be saved in their original format. Altering, annotating or cropping a medical document may later lead to a challenge regarding its integrity.

To establish the harm, retain healthcare invoices, pharmacy receipts, transport expenses, sick leave records and proof of income. Dated photographs may document a scar or visible progression without replacing a medical examination. Another practitioner may issue a certificate describing the sequelae, but it should remain factual and avoid making an allegation that the practitioner lacks the technical evidence to support. Messages and emails exchanged with the clinic should also be exported in a readable format.

If the patient's condition is changing rapidly, an expert assessment may be requested in summary proceedings before the main action. This measure is useful when an implant must be removed, further surgery is imminent or findings may disappear. The judge hearing the summary proceedings orders a technical measure without making a final determination on liability. The correct persons must nevertheless be summoned so that they can participate in the expert process. For a patient residing abroad, a power of attorney that complies with Moroccan requirements may allow the lawyer or a relative to complete certain formalities.

For a doctor in private practice or a private clinic, a compensation claim generally falls within the jurisdiction of the Court of First Instance hearing civil matters. Articles 77 and 78 of the Dahir on Obligations and Contracts (DOC) may provide the basis for fault-based liability. When the harm was caused by an employee in the performance of their duties, Article 85 of the DOC also allows the liability of the principal to be considered. However, the clinic is not automatically liable for every act of an independent practitioner. The contracts, billing arrangements and degree of medical autonomy must be examined.

When negligence in a public service is attributed to a hospital or public entity, Article 8 of Law No. 41-90 establishing the Administrative Courts assigns the compensation claim, in principle, to the Administrative Court. Personal misconduct separable from the public service may lead to a different analysis. The reorganization of the healthcare system makes identifying the operator particularly important in practice: it is necessary to determine which legal entity operated the facility on the date of treatment. Suing only the doctor when the grievance concerns hospital organization, or naming the wrong administrative authority, may delay the expert assessment and judgment.

Patients must prove and quantify each item of harm claimed. The court considers, in particular, out-of-pocket healthcare expenses, loss of income, incapacity, assistance from a third party, and moral or aesthetic harm. The medical expert describes the sequelae and causal link but does not necessarily determine the final amount. Awards may range from a few tens of thousands of dirhams for limited consequences to substantially higher amounts in cases of severe disability or death. No general scale guarantees a specific amount.

An interim payment may be requested when the existence of the obligation is not seriously disputable, but whether it is granted depends on the case file and the judge's discretion. The professional's or clinic's liability insurer may become involved if the insurance policy covers the event. An amicable settlement remains possible before or during the proceedings. Care must be taken with any settlement agreement: depending on its wording, it may definitively settle known, future or aggravated harm. It should not be signed before the patient's medical condition has stabilized or without checking precisely which rights are being waived.

The expertise is often the central piece of evidence in the case. Articles 59 to 66 of the Code of Civil Procedure govern, in particular, the appointment of the expert, the terms of reference and the submission of the expert's report. In principle, the judge selects an expert included on a judicial list and sets out in writing the questions to be examined. In a case involving surgery, anaesthesia and infection, one specialty may not be sufficient. It is then possible to request suitable terms of reference, a panel of experts or several technical opinions, although the court is not required to accept all proposals.

The claimant must generally deposit an advance payment with the court registry within the time limit set by the decision. Based on amounts observed in practice in 2025-2026, a straightforward medical expertise often costs between 3,000 and 10,000 DH. A panel, additional analyses or several meetings may significantly increase this amount. This range is not an official national tariff: the judge sets the advance payment according to the terms of reference, and the court may request an additional payment. If the payment is not deposited within the time limit, the measure may not be carried out.

The expert summons the parties and must comply with the adversarial principle. The patient may be assisted by a lawyer and, if justified by the case, by a separately paid medical adviser. The documents must be organised and accompanied by a brief chronology. The expert assesses the medical conduct, causal link, pre-existing condition and lasting effects but does not issue the legal judgment. The expert must also remain within the limits of the terms of reference. The court retains the power to assess the report together with the other evidence in the case.

An unfavourable report may be challenged if it contains a factual error, disregards a decisive examination or fails to answer a question raised. The challenge must technically explain the deficiency rather than merely express disagreement. A supplementary report, a hearing of the expert or a new expertise may be requested. However, the court is not required to order a second expertise simply because one party is dissatisfied with the outcome. Preparing for the first meeting and submitting precise observations is often more effective than trying to remedy an incomplete case at a late stage.

An amicable solution may be sought with the practitioner, clinic or their insurer when the case is sufficiently documented. Contractual mediation is governed by Law No. 95-17 on arbitration and contractual mediation, promulgated in 2022. Discussions must not be used to run down the limitation period. Every proposal must distinguish expenses already incurred, loss of income and future lasting effects. A vague agreement or one signed before the medical condition has stabilised may leave certain losses uncompensated.

The Ombudsman of the Kingdom may intervene when an administration or public institution is involved, in accordance with Law No. 14-16 on the Institution of the Ombudsman of the Kingdom. Referring a matter to the Ombudsman may be useful in cases of administrative silence, an impasse or an unexplained refusal to disclose documents. The Ombudsman makes recommendations and facilitates the handling of a complaint but does not replace the expert or the court. The Ombudsman does not directly order the hospital to pay damages, and referring a matter to the Ombudsman must not cause judicial time limits to be overlooked.

The costliest mistakes are waiting, choosing the wrong court and failing to obtain a complete medical file. Referring a matter solely to the Order does not provide any compensation. A registered letter or formal notice should not, without verification, be regarded as definitively interrupting the limitation period: the grounds for interruption are governed by the DOC. Publishing the professional's name and unadjudicated accusations on social media should also be avoided. Such posts may complicate negotiations and raise issues of reputation, defamation or confidentiality.

The lawyer identifies the parties to be joined, selects the legal basis and drafts terms of reference for the expertise that are tailored to the facts. The lawyer coordinates disciplinary, civil, administrative or criminal remedies and quantifies the losses based on the available supporting documents. The lawyer's role is not to guarantee a finding of liability but to transform a medical chronology into legally demonstrable claims. For a foreign patient or a Moroccan residing abroad, the lawyer may centralise the procedures, arrange translations, monitor notifications and represent the claimant where permitted by the rules of procedure.