The Ruling Of Jurisprudential Schools Of Thought Regarding Medical Errors That Occur In The Modern Era

Abstract

Medical errors have become an urgent issue and a source of controversy among jurists and medical practitioners alike. Multiple aspects intersect in this issue related to the legal responsibility of doctors, the nature of medical error, and the limits of doctor accountability in light of Islamic law..Research objectives: Studying the different schools of jurisprudence to understand how each of them deals with medical errors, and evaluating the extent to which the schools of jurisprudence respond to modern medical developments and new technologies, and how they can contribute to the development of medical jurisprudence and researching how to protect the rights of patients in light of medical errors through the foundations of Islamic jurisprudence and achieving justice, Encouraging dialogue between scholars and doctors on how Islamic jurisprudence is compatible with medical development . The importance of the research: The provisions of jurisprudential schools of thought help determine the responsibility of doctors and health practitioners for medical errors, which reinforces the need to adhere to high medical standards and increases awareness of their professional responsibilities. Addressing medical errors according to different schools of thought leads to the development of medical jurisprudence, and Islamic jurisprudence provides a framework for protecting the rights of patients, as it is supposed to be The patient has the right to obtain appropriate and safe treatment. The provisions of religious doctrines can help regulate this right . Research elements: The elements of the research consisted of a section and three topics, and they were as follows: The first topic is the concept of medical errors in Islamic law and the ruling of the jurisprudential schools of thought regarding them. The first topic is the definition of medical error, and the second topic is the ruling of the schools of thought regarding the occurrence of medical errors.The second topic is the balance of Islamic law between the rights of patients and the justice of doctors in unintentional errors, including the first requirement, defining the rights of patients and their importance, and the second requirement is the means and principles by which the law seeks to achieve a balance between them. The third topic is the role of jurisprudential diligence in dealing with developments in medical errors, and the first requirement is the treatment of schools of thought. Jurisprudence with contemporary medical issues and the second requirement is to address developments in medical errors . Research method: descriptive and analytical, To analyze the data, discussion of the topic was used in a logical manner, linking evidence related to the focus of the study and the content of the topic chosen by the researcher The results of the study are: The comprehensiveness of Islamic law regarding issues of medical errors. Jurisprudential schools of thought have shown that Islamic law is distinguished by its comprehensiveness and its ability to address emerging medical issues, including medical errors through .