If we look at the reality of medical practice today and found that document the medical liability depends on the laws in force in every society, which, although they are considered in terms of the principle of inter common things agreed upon, we find a significant variation in the calendar and report triggers and effects of this responsibility; legal systems applicable today prevented from practicing the profession who did not qualify for it, but we find a discrepancy between the community and another in the mechanism for determining eligibility, and does not allow legal systems for a doctor to encroach on the patient's treatment or diagnosis without his permission or authorization authority has the power and the mandate of a private or public, is that there is a discrepancy between community and another in determining the controls of this infringement, in some of the country blaming the doctor who is the ministry of the patient not in a position waiting for permission or license, as in some of the disasters and the like,
While find some other country is hardly looking at the issues of medical error, and so we find this disparity even in the most country developed as stated in the U.S. report on the medical error contained therein statement disparity in the system to determine the medical liability in the United States itself, where varying mechanisms prove negligence medical, and patients vary compensation for the damage the incident caused by medical error, in addition to increasing the economic burden on doctors who want to pay exorbitant premiums to insure against professional error [1].
The search obligations and the effects of medical liability must be based on principles and rules decide passport and account, and put the general framework of controls and standards, and we can say that the original general who built it Detectives medical liability based on an interview with Amr bin Shoaib for his father and grandfather said: The Messenger of God peace be upon him: "from Ttabb did not know him medicine is the guarantor" [2], this talk is the talk of the door, as they say, it is out of the included doctor ignorant [3], and a positive responsibility here is going to ignorance of the doctor whether ignorance scientifically or practically as we will show, and I've warned this talk, among other things improves its position in this, including:
-1 Determine the existence of the offeror's responsibility: It is here embarking on the practice of medicine with ignorance of this practice, Ibn al-Jawziyyah God's mercy, "and saying peace be upon him (from Ttabb) did not say: of medicine, because the word Altfl indicating a cost thing and enter into it Bbeef and the cost, and it is not his family, "[4].
-2 Report resulted in the effects of the occurrence of the positive: He said peace be upon him (he is a guarantor), Ibn al-Jawziyyah: "As it legitimate (ie modern) Vaija warranty on the doctor ignorant" [5], when signed by the offeror which ignorance and consequent damage was the effect of ensuring that the doctor because of self or destroyed by the members.
-3 Arbitration practice in judging the doctor highly proficient: He said peace be upon him (did not know him medicine), and the intended convention here your custom among physicians, and this is embodied under the maxim College: "Normally the court," [6], that is, the things that did not Shara has come to a certain where it is due to custom, convention meant that your custom is prevalent among professionals Kalhaddadan and private traders, doctors and others.
Has told Imam Ibn Jawziyyah consensus of the scholars to include quack doctor, as well as for encroachment has told Imam rhetorical saying: "I do not know, contrary to the processor if exceeded Vtlv patient was a guarantor" [7], as Allah says: "What was for a believer to kill a believer except error and kill a believer error liberalization believing slave friendly Muslim to his family but to believe "[8], then out to include damage caused by mistake, and thus met us evidence to decide the legality of accountability of medical professional from three aspects are: ignorance - error - assault, and will detail the obligations of this requirement in the next, God willing. As for the legality of medical accountability literary Vadltha is evidence which indicates that the general obligation of the Arts, and openly refer to it as easy to come.
What made reference to the report of the origin of medical accountability on the one hand, and the statement of the great disparity made in the report triggers and effects of these accountability to return us to emphasize the importance of liberalization of reference legislature and the judiciary on this issue to be issued by the Sharia disciplined its limitations and Mnsaqh within colleges and assets of the public, especially and that the Muslim jurists have excelled in the edit and adjust the practice of medicine a long time ago, and reached too far in that enriches them all to rely on non-Shariah.
[1] See Report
"The National Medical Error disclosure and compensation (MEDiC) Act of 2005", Senator Hillary Rodham Clinton and senator Barak Obama, September 28, 2005
[2] Almstdrick for governor (4/236) and the governor said: This is true cross-talk, and narrated by Ibn Majah (3466), Abu Dawood (4586), and others
[3] measured on the ignorance of the rest of the duties of the medical liability as shown later
[4] Zaad (Book Prophetic Medicine) - Ibn Jawziyyah - 4/127
[5] Previous
[6] jurisprudence - Mohammed Bakr Ismail - 151
[7] Zaad (Book Prophetic Medicine) - Ibn Jawziyyah - 4/128
[8] Nisa - verse 92
التسميات
Medical liability