الامتناع عن المساعدة الطبية في ضوء قانون المسئولية الطبية الاماراتى 4 لسنة 2016م

الملخص EN

E-doctor's ention from the patient's medical assistance is a breach of one of his obligations related to the medical relationship between the patient and the doctor.

This duty continues at all times necessary for treatment.

Medical assistance is not limited to the treatment stage, but moral assistance must be provided to the patient and precautions are taken to maintain the patient's body.

Those reserves are wrong and are professionally responsible.

The UAE legislator addressed this obligation in the second and third paragraph of Article 5 of the Medical Liability Law 4 of 2018.

He ruled that it is forbidden for a doctor to refrain from treating the patient in emergency cases or to discontinue his treatment in all cases unless he violates the instructions prescribed by the doctor or The ention or interruption was due to reasons beyond the will of the doctor, or to refrain from treating a sick or injured person unless his condition is outside his jurisdiction.

The legislator also prescribed a penalty for anyone who violates the provisions of article 5, paragraph 2, in article 32 of the law.

The importance of the research in the statement of cases where the doctor may not refuse to treat the patient, especially if the center of the monopoly in accordance with the circumstances of the patient and the place and time and the nature of his work, has launched the term ention error description of this error, as the doctor has violated the obligation of general law guaranteed not to harm others, Thus, the error of nence is available in every ention resulting in damage to others.

The problem of research is the lack of legal information in the doctor about his obligations related to the medical relationship, especially his obligation to provide medical assistance to the patient, where the exercise of the profession is a right he is entitled to refrain from treating the patient or his assistance in the use of this right does not know that the practice of the medical profession is a license purpose Community service, even if the doctor is aware of his obligation to help the patient, he tries to do it without prejudice to avoid criminal and civil liability.

In this first research, I explained the legal concept of ining from medical assistance.

In the first requirement, I defined the treatment and defined the concept of nence with the statement of entions.

In the second requirement, I defined the conditions that must be met in the error of nence.

In the second section, I dealt with civil liability for the error of ention.

In the first requirement, I explained the error of ention in criminal responsibility and the mistake of ining from civil liability.

I distinguished between the positive error and the negative error and defined the position of the medical liability law of each of them.

And the mechanisms to prove this privacy, where I have completed to prove the role of professional duties and norms in the assessment of the line of nence in the medical field.