Medical Mistakes through The Islamic Sharia? and Law

Abstract

Hoda Ahmad Albarak.

Some people may be surprised by combining the status of a doctor and a legal one, but I think from a deep point of view that the two should meet in order to be in front of a proper medical work that protects the actor, the recipient and even the place of his practice. A doctor who knows that he or she is practicing his work according to legal and legitimate principles and regulations, will give everything he has to become a doctor who is committed to the provisions of the law according to the technical assets he has learned in his work. Also, the patient, when he realizes that there is a law that protects his rights in case of negligence of the doctor or the hospital, he goes for treatment without fear or hesitation, and all these things motivated me to look into the criminal responsibility of the doctor for medical mistakes that committed by him intended or not intended. It is often not intended to be deliberately retaliating against the person of the patient, but the intent in the medical sense that we legally mean is negligence, recklessness, indifference to the patient's life and failure to take matters seriously into the legally and medically required manner. This is what was explained in this survey by dividing it into two topics in which firstly addressed the medical error and its types while in the second addressed the criminal responsibility of the doctor for his mistakes, in order to reach results and make some recommendations.

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