محاولة للتقريب بين قواعد المسئولية الطبية في المؤسسات الصحية العامة و الخاصة : دراسة تحليلية مقارنة

الملخص EN

There is an established difference in the application of the medical liability rules.

In the countries that adopt a dual Judicial system where public hospitals are governed by the rules of public law.

In contrast, private health lawsuits are governed by the rules of civil liability (private law).

Due to this variation of handling the medical liability, the importance of demonstrating aspects of approximation of its rules regardless the type of the healthcare institution where the patient is receiving treatment.

The harmonization of the medical liability rules in public and private hospitals has taken two forms: The first one has been concerned with the objective level with the view of affirming the different aspect of litigation, France comes on the top of the countries that have adopted such a system.

The second form of harmonization has been modelled in the application of the tort rules to all claims for compensation arising from medical mistake - without regard to the type of hospital where the mistake occurred- before the civil courts, the State of Qatar and the USA are the prime example of the countries that have adopted such a view.

The current research raises several legal issues relating to the legal system of the legal liability of health undertakings in the State of Qatar.

The importance of this issue significantly increases with the ence of a unified legal rules governing civil liability of public and private health undertakings.

Based on this, the research is divided into three section: Attempts of harmonization of legislations that adopt the dual judicial system (the French model) and of legislations that adopt the medical liability laws and liability rules in the State of Qatar importance to facilitate access to the article by researchers and specialists, and also contributes to the upgrading of the degree of the article's readability, you must arrange the