ماهية الخطأ الطبي الموجب للمسؤولية المدنية في التشريع اليمني والتشريع المصري: " دراسة تحليلية وتطبيقية مقارنة"

Abstract

The relationship between the doctor and the patient is humanitarian as well as legal, which means the doctor has to be responsible for giving the right medicine to the patient and to present the care, which his job's tasks require. There is an agreement among most of the Islamic and foreign laws that countries should ask the doctor if he committed a mistake in his medical behaviors, which does not relate to him as a careful and serious doctor in critical situations surrounded him. In addition, it is so important to take the specialization and its honor in consideration.

     Although the development of the medical technology nowadays, which shared a lot in curing of most of the diseases but, there are many medical mistakes have been occurred as a result of that development. These medical mistakes became a big problem encounters many of the countries. Due to, these countries request the Arabic World to create especial rules in order to protect the patients from these mistakes. Due to, they are the weakest part in this relationship, especially in Yemen where these mistakes are increasing in a so fast way, which may harm the patients as well their families. As a result, of the weakness of the diagnoses of the diseases, they became one of the main reasons beyond committing so many crime and violence. This weakness of the diagnoses is a result of the ignorance of the Medical Institutions to the capacity buildings of their medical staff in all sides.

 This study focuses on the system of practicing the medical professionals in Yemen. How the law in Yemen organizes the doctor's civil responsibility for the medical and the professional mistakes? What is the nature of the doctor medical responsibility. In addition, what is the average of the doctor's commitment in taking care of the patient? When is the doctor asked about his mistakes? What are the criteria by which the mistake can be assessed? What are the means that can be used to prove the medical mistake?  Moreover, the lack of the legal rules and the rareness of the specialized researches and studies in the Yemeni Library that relate to the study's topic, dangers and affects harms the seekers of the medical services, the researcher will answer all the questions mentioned in this study.. Such important topic, it is necessary to study it carefully and to give solutions to control the phenomenon of the rapid spreading the of the medical mistakes which still an area of the Countries' worried especially in the Arabic World and mainly in Yemen.