الخلاصة:
This study aims to identify the effect of medical error in Islamic
Jurisprudence (Algerian law), which will highlight the nature
of the error between Islamic legislation and criminal law and
some special laws.
This study shows the extent of the application of Islamic law and
its compatibility for all time and place in all areas, including the
current medical side.
The research was based on the following problems:What are the
most important principles related to the enactment of medical
error laws?
And how is the view of Islamic law and law and medical error?
The first chapter dealt with the conceptual framework of
medical error,And included three topics under which the
concept of medical error and its components, standards and
types.
Chapter II dealt with the legal provisions of liability, In three
researches dealing with criminal responsibility in Islamic law and
criminal and civil law.
Based on the inductive method by collecting information and
opinions of jurists on the issue and the statement of evidence and
then the conclusion of the opinion of the most correct and
descriptive approach based on the new medical evidence in
addition to the comparative method to identify the similarities
and differences between Islamic jurisprudence and Algerian law.
We reached several results, the most important of which are:
The obligation to disclose medical errors scientifically and
practically.
Lack of supervision has exacerbated the phenomenon of
medical error
Absence of a concept of criminal responsibility for doctors in
Algerian law.
