معيار الخطأ الطبي بين المعمول والمأمول

Abstract

The study has highlighted on the criterion of medical error according to what has been achieved and handled by Islamic jurists and the jurist of civil law . It was deviated from dispute topic of our research on basic elements that constitute criminal responsibility through (1)their opinions and theories in respect of this issue. This criterion can be derived into tow criteria i.e. the first is Material or Medical fault which enhanced that error itself can ensure doctor's responsibility and second criterion is the Objective standard . The study came to tackle with the two idioms i.e. 'failure of treatment and the medical event' with reference to application of the two criteria "personal and objective". The answer to study questions as enlightened on its main topic is the definition of alignment between an achieved criterion in both aspects legalism and jurisprudence through a unique system that unify them . The assigned system must collectively domain the view of both Islamic jurists and law experts together with technical medical view which is considered as main element in our topic about medical fault , where we intend to reach our target goal i.e. collective of jurisprudence ,legalism and medical aspect within one system . The study has emphasized control of medical error through creation of twinning between jurisprudence and legalism with medical aspects. This twinning will lead to an alignment between two opposing benefits from the principle point of view. These two benefits are patients' benefit that is protection from doctors' faults and residual effects on their bodies that may threaten their lives from one hand, doctors' benefits that allow them away of lawsuit threatening that lead them to appear before judiciary institution due to medical errors even when are not intentionally done. This will result doctors absence and escaping from their humanitarian work or lead to poor performance due to lack of trust and legal protection .