الخطأ الطبي بين الفقه الاسلامي و القانون الجزائري

Abstract

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.