• Medical Mistakes in the Jordanian Civil Code

      Master
      Book Code: 183189
      Pages: 235
      Languages: العربية
      Author: Wejdan Erteimeh, Gazy Khaled Abou Ouraby
      Publisher: كلية الدراسات العليا
      Published: 1994
      Edition: 1
      Place Of Publication: Jordan
Overview
Medicine is a profession which has its ethics and values. The doctor patient relationship is a humanitarian and legal one dictating on the doctor to care for his patients in accordance with the requirements o the profession. The doctors commitment is this repel is to care for the patient, not to achieve results. It is noteworthy that legislators in Jordan have not enacted any special provisions dealing with medical liability. This matter was left to the general principles governing civil liability. Needless to say, the application of these general principles verbatim, without taking into consideration the special nature of the doctors commitments, would produce a conflict between law and reality. The judiciary system, particularly the French, has played a major and sensitive role in defining medical liability. French legislators have gone beyond the task of the interpretation of the provisions of the laws governing medial liability, and have enacted substantive laws that dealt with real cases, legal provisions were so few, and consequently, they could not fulfill an understanding. Howerver, this could not be a substitute for the role of the legislators in bridging this gap. Since the Jordanian Civil Code did not contain any special provisions on the doctor's liability, the civil liability of doctors is not dear in this respect. Therefore, I thought it was important to undertake an analytical and applied study on medical mistakes in light of the present provisions in ordr to determine the nature of the medical mistakes and their most important applications and the procedure and techniques and for their confirmantion, particularly that meical mistakes are the major part of medical liability an their most unique feature. I have handled this subject in two major parts in the first pail, I discussed the question of determining the legal nature of medical liablity. I divided this part into two chapters. with an introductory chapter discussing the historic development of medical liability. In the first chapter. I discussed the type o of he doctor's liability, i.e. whether this liability was the produce o negligence on the part of the doctor, or whether it was a conractural liability. I have indicated that each of the French an d Egyptian judiciary systems viewed the matter at the beginning as a liability caused by negligence. However, they changed their positions later and adopted the position of regarding it was a conracural liability from the substantive point of view, while viewing it as a liability caused by neglignce, as' in exception I have cited cases in which a doctors habiliy was considered a result o neglignece I have also cited conditions that should be available for determining that he doctor's liability is contractual. In the second cheater. I nave discussed the definition o the nature of the doctors commitment in terms of whether it is a commitment to care or the patient or a commitment to achieve results. I have explained that the doctors commitment is to care for the patient, not to achieve results. I have also discussed the exceptional cases of medical liability in which the doctor should be commited to achieving results. namely that he should ensure the saety of the patient In the second part. I discussed medical mistakes, and divided this part into three chapters' In the first chpater I discussed the definition of the medical mistake and the concepts and theories involving mistakes in the medical field. I have also discussed the criteria governing medical mistakes and indicated that it is a technical criterion. In the sewn chapter, I made presentation of the most important forms of medical mistakes, and they are contained in nine studies. In the third chpater, I discussed the methods and techniques used or the confirmation of a medical mistake, an inicated the difference between confirmation of commitment to care for the patient and confirmation o commitment to achieve results. In this chpater also, I experience as a method o conirming these mistakes. At the end of the study, I made some proposals calling or enacting special provisions deining the liability of doctors or the actions they take, while taking into consideration the nature o these actions and the dangers they are subjected to, whith the aim of protecting patients from these mistakes and providing them with more reassurance so that the medical proession would actually become one of the most sacred and honourable proessions.
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