The Legal Framework for the Doctor’s Responsibility for Medical Error

Abstract

The issue of the doctor’s responsibility for medical error is considered one of the important topics that have arisen in the medical and jurisprudential arena. Medical error occurs unintentionally on the part of the doctor while practicing medical work, or his failure to fulfill the obligations imposed on him by his profession, or due to his ignorance and lack of knowledge of his profession, and unfortunately with this scientific progress The tremendous growth in the field of medicine and the emergence of the latest electronic devices and medical equipment that help in diagnosing the patient, identifying the disease and treating it either with medications or surgical intervention, we find grave medical errors committed against the patient. Sometimes it leads to his death, or causes permanent disability to the human soul. Therefore, this study came to present the issue of the doctor’s responsibility for medical error in terms of clarifying the nature of responsibility, the doctor, and medical error. In order to develop preventive methods to limit the occurrence of a doctor in medical error while practicing medical work in a simplified manner in light of Islamic law, we collect the statements of previous and contemporary jurists on this medical-jurisprudential issue from their original works.