Criminal responsibility of doctors for unintentional error: a comparative study between both the Egyptian and Emirati legislations.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Research into the unintentional criminal responsibility of doctors is one of the accurate research that needs special attention, due to its relationship with the human body, "the origin is that prejudice to it is a punishable crime, but it is important to preserve the human body or even his life itself, which requires surgery or giving medicines any substances in their origin harmful, but in certain pathological cases are beneficial, hence the wisdom of permitting medical work for the purpose of maintaining the integrity of the body, and alleviating pain that infect humans. However, the importance and value of research seems more in the need to balance between two things: First: The importance of providing protection for patients by stipulating the responsibility of doctors for unintentional error resulting from negligence or lack of precaution, which can be issued during medical practice, the other thing: the right of the doctor to practice medical work freely, so that he can choose the appropriate treatment methods for the pathological condition subject to medical examination, without feeling the weight of criminal responsibility that can pursue him in the event of his unintentional mistake, which makes the treating doctor hesitate a lot to choose the path of treatment, which It can reflect negatively on the patient's health or on his life.

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