الطبيعة القانونية لمسؤولية الطبيب المدنية : دراسة مقارنة

الملخص EN

The responsibility of the doctor for his medical error is considered a contractual responsibility If the doctor refuses to implement his contractual obligation or flawlessly performs it in a way that harms the patient, his contractual responsibility will follow.

As a general rule, he has to exert the necessary amount of care in carrying out his obligation, The doctor’s obligation to treat his patients is an obligation to do.

The care exerted by a doctor with experience and knowledge of the surrounding conditions in the medical community, but in exceptional cases the doctor’s commitment to achieving a result which is the safety of the patient because of the potential consequences that control the doctor’s work, or the presence of a condition in the contract, or a provision in the law, or because of the nature of the service that presented by the doctor, and he is also subject, in exceptional cases, to the tort liability that arises whenever there is a breach of a legal obligation not to harm others.