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Document Type |
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Thesis |
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Document Title |
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المسؤولية المدنية للطبيب عن أخطائه المهنية المسؤولية المدنية للطبيب عن أخطائه المهنية |
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Subject |
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Medical Liability |
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Document Language |
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Arabic |
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Abstract |
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This thesis discuses Doctor’s Civil Liability for Medical malpractice in Saudi Arabia. The main aim of this thesis is to explain the concept of Doctor’s civil Liability and its different types, the nature of this liability through rereading article 59 of the Saudi protocol of practicing medical profession dated 24/11/1426 H, and its regulation 1427H.
It also discuss the elements required in order toestablishdoctor’s civil liability. These elements are: the causation (Direct Cause), Damage and medical fault. This thesis shows how to prove this liability? What is the judicial jurisdiction of these offences in Saudi Arabia. The thesis also offers some case studies whichreflect: judicial principles,Proceedings and investigations.The methodology of this research is based on analyzing related legal codes and legislations.
Although medical malpractice cases do not occur exclusively in Saudi Arabia. However, the number of these cases has dramatically increased in the last few years in Saudi Arabia. Which raises the need for all governmental institutions to collaborate in order tosecure patients right to have a proper medical care to protect his life and health. This can be achieved by the following: first, the need to have secure preventive measurements. Second, the need to constitute fair amount of compensation to the patient or his/her family (in case the damage causeloss of patient’s life).
This thesis suggests the following:
1) The need to establish a supreme medical council, which can be under the supervision of the Ministry of Health, or the Ministry of Higher Education. The role of this body is to conduct workshops and conferences because educating doctors will consequently will help in decreasing the number of medical malpractice. As well as, the role of this body is to set clear health policies that improve medical care.
2)The need to have a national record which systematically records all cases of medical malpractice according to the type and how many cases
و
occurs each year. That will help to educates doctors and patients in understanding what to be consider an offence.
3) A clear and fair compensation that cover all type of damages.
4) Establishing new courts specialised only for medical cases. Whichguarantee the independence of the judiciarywithout any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect. As well as, to overcome any delay and avoid bureaucracy. |
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Supervisor |
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Alaraby Ahmad balhaaj |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1434 AH
2013 AD |
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Number Of Pages |
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107 |
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Added Date |
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Thursday, October 24, 2013 |
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Researchers
| رشا سعد المالكي | Almalki, Rasha Saad | Investigator | | |
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