Medical work, its legitimacy, and the error resulting from it

Abstract

The study dealt with the subject of medical work, its legitimacy, and the error resulting from it according to legal jurisprudence, where the study dealt with the nature of medical work and its importance in practical life by saving lives and souls and relieving pain for patients, and for this reason it was a legitimate work in Islamic law with firm evidence from the Qur’an and Sunnah, and the fact that medical work touches the human body And the one who performs it is human and he is subject to error and rightness, but his error differs from the error of the ordinary person and is distinguished from him, so it was necessary to define the medical error and determine its types, and the fact that the medical error is distinguished from others, so several questions were raised about the doctor’s criminal and civil error and the standard for measuring that error and the availability A special law regulating the provisions of medical liability.

The study showed several results, the most important of which are: that medical work is a competent duty that includes examination, diagnosis, treatment and prevention, and that the medical error that necessitates responsibility is the sure, constant and distinctive error, and the criterion for measuring it is the good doctor who is considered one of the doctors, and the study also concluded that there is no special law regulating medical responsibility.

The study recommended the necessity of issuing a special law regulating the liability of medical practitioners.