Proof of medical error

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The integrity of the human body is one of the most important rights advocated by divine laws, followed by man-made laws by stipulating in their constitutions that it is not permissible to touch or attack the human body under any justification. The right to bodily integrity is one of the sacred rights that are established for the person as soon as he exists, such as the right to life, freedom, and equality, so it is called the rights attached to the personality,  It is decided to preserve the human self, and without it a person is not safe for his life, safety, freedom and activity, and the right to the integrity of the body is included in the preservation of the soul, which is one of the overall purposes brought by Islamic law, and in the interest of Islamic jurisprudence and the law to protect this right, many means have been recruited to preserve it, and to remove everything that would harm it or threaten its safety. There are even cases in which Islamic jurisprudence and man-made laws allow compromising the integrity of the body in the use of the right, and in these cases it is permissible for the doctor to touch the patient's body for the purpose of treatment and recovery, but this permissibility remains relative and not absolute, because of the abuses that may ensue, and in view of the importance of the right to bodily integrity as it is associated with the right to life, which is one of the The highest human rights recognized by law and law.

Keywords