أثر الإهمال الطبي في نشوء الجريمة الطبية - قسم الولادة بالمستشفيات الجزائرية نموذجا : دراسة فقهية قانونية

الملخص EN

This research seeks to exhibit the concept of medical negligence and its types.

It also clarifies the relationship between medical negligence and medical crime in Islamic Sharia and positive law and its impact on its emergence.

It highlights cases dealt with by the Algerian Judiciary that has happened in the maternity section to reveal the medical negligence's impact on the occurrence of the medical crime.

The research reached several results, the most important of which is that there is a positive relationship between medical negligence and medical crime.

Whenever medical negligence occurs, the medical crime emerges because a doctor's negligence is a criminal act as long as it has harmed the patient.

Jurists and legal scholars have decided that medical negligence is an unintentional crime that is a type of medical crime.

The study has achieved that the death of the pregnant woman and her fetus' case in Djelfa and the fetus death case in El-Oued are included under the umbrella of the crimes that emerged from medical negligence.