Civil Accountability for Doctors Comparative Study

Civil Accountability for Doctors Comparative Study PDF

Wael Tayseer Moh.Asaf

Supervisor(s)

Dr. Hussein Mashaqi -

Discussion Commity

160 صفحة

Abstract :

Abstract Medicine in a sacred human, moral, and scientific pretension; it has it. Own permanent importance thin profession in the real source for the relation between the doctor and the patient Moreover, it in a humanitarian and legal in nature which dictates on the doctor to take care of him patient and to do everything to cure him/her due to what thin profession requires. The Jordanian legislature, as his peers in most Arced countries has not considered the medical accountability in some special terms, but left it to the general rule in the civil accountability; this state of not dealing with it, left thin accountability unclear. In this respect, I have studied it in details in an introductory chapter and in other four detailed chapters as follow, the introductory chapter where I dealt with the historical development of the medical accountably from the old ages till them medieval ages to the Islamic Sharia and finally to the modern ages. I also stated the development in each stage. In the first chapter, I have dealt with the civil accountability in its two sections, the contract and the shortage section and diagnosed the features and characteristics of each one of them. After that, I looked of the legal nature of the civil accountability for them doctor and the available difference in the points of the legal view on its adaptability. Some trend rightly consider it a shortage accountability, while other trend rightly consider it a control accountability. I have stated the confirmed view from the juries diction and jurisprudence (Fiqh) opinion taking into account the French Cassation Court resolution in 20/5/1936 which considers it a contract accountability in origin, and a default in exception. I also have searched in the commitment of the doctor toward. the patient and the relevant legal opinion on whether thin goes with taking care or achieving a result. The study shows that the commitment of the doctor in to take care in origin and to achieve a result in exception. The doctor care in not as any other care, it has to be vigil and authentic and goes with the fixed scientific terms. In the second chapter. I have dealt with the elements of this medical a accountability which chare this error (incorrect action) and undamaged and this reason relationship. At of error linguistically and legally. In addition, h have defined the medical error which in the corner store for out study moreover, I have clarified the attitude of the Jordanian legislature who build that accountability on the damage rather than these error. The medical error generally deals with the deviation of these doctor away from him morals and not meeting his duties of being vigil. Then, I moved into the attitude of juries diction, Arabic jurisprudence, and Islamic jurisprudence towards them gradualist of medical errors. The decision in thin respell in to question the doctor on all faults he makes to his patients on condition of their reliability. At the end of this chapter, I have discussed these criterion of the medical error and the other relived opinions. This in the criterion of the layman i.e then behavior of the ordinary doctor of the same specialization and the same scientific level for these mistaken doctor. In the third chapter, I have discussed the medical mistaken from a scientific point of view. This in an important issue since clarifies the medical mistakes committed by workers in the field of medicine. I also indicated the most spread mistakes through real detailed cases and real court verdicts such as: diagnoses mistakes not taking medicine, treatment mistakes, plastic surgery mistakes, anesthetic and delivery mistakes, transcription mistakes. Supervision mistakes, disclosing medical secret, and finally performing treatment not for cure purposes. In the third chapter, h have discussed the legal responsibility of the doctor, on the legal responsibility of the doctor, on the mistakes committed by his staff in the different medical profession, there are two trend, relevant to this issue, one in commenced with the doctor who work, in public or private hospital, and his legal relaters with the patient; thin other trend deals with the doctor who work, for his own and the responsibility relevant to his aids toward the affected person. I also discussed the responsibility of the doctor on the mistaken resulted from machines, apparatuses used to trial patients. In this respect, I discussed then issue of proving the medical mistake which lies on the patient and the hardships he faces to prove this mistake because of lack of experience which commotion with the issue of friendship among doctors and the legal tends, around this issue. After that, I have shifted into the second characteristic of the doctor civil accountability and that in the medical damages its types, conditions and its problems. This could hurt this individual in one of his rights relevant to his body, money, passion, honor, freedom or dignity. This damage could be physical or moral, it differs from one person to another. Indicting, this reason relationship between this mistake and the damage which goes under the public rules of civil responsibility in the patients role to prove. There are three different theories in this respect theory of equal reasons, theory of suitable reasons, and theory of missing chances.

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