The responsibility of the health institution for medical negligence in Islamic jurisprudence and Libyan civil law.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

God has honored man, and made the preservation of his dignity and sanctity a natural right guaranteed by Sharia and law, criminalizing any assault on his body, and threatening its perpetrators with punishment. However, he permitted touching the body in medical necessity, but according to controls and conditions that ensure that human dignity is not violated. The profession of healthcare providers is among the most noble of humanitarian professions, as it involves direct interaction with the human body that is honored by Sharia and laws. However, this profession carries a very important responsibility due to the potential consequences that any error or negligence may result in, which may have dire consequences that threaten human life. The healthcare provider is entrusted with the lives and health of patients, and any negligence on his part may lead to delayed recovery or even death. In light of the rapid development of medical sciences and the multiplicity of specializations, and the reliance of healthcare providers on the capabilities and devices in advanced hospitals, medical work has increasingly been practiced within therapeutic buildings. These facilities are responsible for providing the necessary infrastructure, including equipment and devices, to support accurate diagnosis and optimal patient care. This raises a fundamental question about how they are liable for errors resulting from the negligence of their employees, whether this negligence is related to failure to provide the necessary equipment or failure to supervise and monitor employees.

Keywords