فاعلية مبدأ احترام كرامة الإنسان في قواعد المسؤولية المدنية للطبيب

Abstract EN

Medical liability, witnesses a remarkable development in the standards and controls governing the rules of the doctor's profession, throughout the technical development in the means of treatment, in a way that has become a priority of the doctor's tasks in addition to his usual work to provide treatment for healing.

In view of the scientific development in the means of treatment as well as the expansion of the cycle of liability due to the practice of medical work through medical teams, particularly in surgical interventions, this emphasized the doctor's need to ensure the safety of the patient and not to put him at risk.

Islamic law deals with this heavenly principle, in addition to constitutions, international conventions and charters, notably the Universal Declaration of Human Rights, and (The medical ethics/L'éthique médicale), in particular in cases of violation the right of privacy, to increase the doctor's liability for the achievement of damage due to his breach of the basic obligation of ensuring safety because of his substantive association with human rights, first and foremost the right to private life and the right to respect for human dignity, which resulted in the emergence of the idea of independent damage, and how to repair that damage through compensation as a penalty for achieving the civil liability of the doctor.