Medical Errors and Physicians Liability between Islamic Regulations and Law
Prof-Adnan Smadi, Dr. Abdullah Wardat, Dr. Mohamadawad Al-Khawaldeh

This research aims at defining medical errors and the working physician’s liability about them. Is this liability related to the physician’s derelict or is it contractual? To what extent is the physician responsible in accordance with the legal status of the medical liability? The researchers arrived at the fact that the physician’s liability according to the Islamic regulations is contractual and derelict as well. Accordingly, the physician who has not obtained a certificate of practicing the profession, which is issued by the relevant authorities, or neglect, and encroach will be responsible for any harm he causes, and he, or the health insurance, will be responsible for compensating any damage caused by the physician. The French and Egyptian laws in addition to most of the world’s laws also adopt this view. The researchers have realized the failure of the laws in the third world as to physicians’ errors and the need for regulating this issue by special laws.

Full Text: PDF     DOI: 10.15640/jisc.v7n2a1