معيار الخطأ الطبي في فقه القانون المدني و الفقه الإسلامي

Abstract EN

This study reviews medical error criteria in civil jurisprudence and Islamic jurisprudence, in a comparative analytical approach, indicating the points of agreement and difference and their role in drawing the scope of civil medical liability.

the first section shows the concept of medical error, in civil jurisprudence and some related issues; as the theoretical and legislative developments, and it displays it in the Islamic jurisprudence.

while the second section clarifies the criteria of medical error in the jurisprudence of civil law; which lies in between general criteria and specific distinction between the medical incident and the failure of treatment.

then, it deals with the subject in the Islamic jurisprudence and its related issues with indicating that has material criteria according to the prevailing trend.