المسؤولية التضامنية بين المستشفى و الطبيب في الخطأ الطبي : دراسة فقهية

الملخص EN

The issue of joint responsibility between the doctor and the hospital is one of the most important issues related to the lives of human beings and the preservation of their rights.

Therefore, they discussed the extent of solidarity between them in taking responsibility for medical error, namely, financial security and compensation for medical error, Of the provisions, the Islamic law has ordered the inclusion of rationality with each of the wrongly killed, it was important to clarify the relevant terms, the importance of therapeutics, and the presentation of the standards of this responsibility, and how to end it, and the role of jurisprudential rules in determining the responsibility of the hospital with the doctor in medical error, And The researcher relied on the inductive method in tracking information regarding the joint responsibility between the hospital and the doctor in taking responsibility for medical error through the statements of the jurists and the weighting between them.

It also relied on the analytical method in analyzing what was collected.

From different evidence and opinions, and the researcher reached the results of which the statement of responsibility of medical solidarity as: Takaful falls between the hospital and his doctor, including sharing, and cooperation in the burden of medical error caused by damage to a person and caused a defect or The Net The hospital is also in solidarity with the doctor in taking responsibility for the medical error, which is consistent with the purposes of the Shari’a, in protecting human life and legitimate rights.