واجب التبصير في التدخلات الطبية العلاجية : دراسة مقارنة في النظام السعودي و القانون الفرنسي

Abstract EN

A doctor has a duty to inform a patient or an accompanying family member of the circumstances surrounding the therapeutic intervention performed; so that the patient or his family will be aware of his health condition.

The doctor should inform the patient of the diagnosis of his disease, the treatment plan proposed, its alternatives, its potential risks, and its potential effects on him.

This duty extends beyond the medical procedure.

However, the main goal of enlightenment in the first stages of the medical process is to obtain a free and informed acceptance of the medical procedures proposed and their requirements, in addition to ensuring patient’s cooperation in order to achieve the best expected results and to cause the least possible harm.

Nonetheless, regardless of the principle from which this duty was derived, the duty of enlightening the patient or one of his family members should be performed before conducting the therapeutic intervention in a clear, understandable language.

Further, the information given should be complete, without any omission, accurate, truthful, and not misleading.

The duty of enlightenment can be measured by two criteria; Subjective with relation to the patient and objective with relation to the physician.

Therefore, unless the doctor provides the care required of him, then he has made a mistake, and bears full responsibility for this mistake unless it is proved to be due to a foreign cause or patient’s own mistake.

The Saudi Health Law does not include any regulations regarding the duty of enlightening the patient.

However, at attempting to bridge this gap, the French Law, legislations, and regulations will be the best sources to derive from the relevant regulations.

This study was divided into two sections, to identify what is meant by enlightenment, clarify its controls and the common position on it, and to determine its personal and objective scope.

I assume that, with regard to this study’s results its contents, conclusions, and recommendations, it will be the best guide for the regulators who will draft proposals to amend Health Law and legislations in the Kingdom.