مجلة قانون العمل و التشغيل
Volume 9, Numéro 2, Pages 101-114
2024-11-16
The Role Of Criminal Law In Regulating Physician Liability For Medical Malpractice
Authors : Bouker Rachida . Bouzid Khaled .
Abstract
This research delves into the issue of medical malpractice and its criminal repercussions, highlighting the lack of a universally accepted definition. Typically, medical errors are identified as departures from standard medical practices that may harm patients. These errors are categorized into professional and non-professional types, each bearing different legal consequences. The study points out that such errors often stem from ignorance, negligence, or inadequate care, and must result in actual damage for legal liability to be established. It emphasizes the critical need for strict compliance with both legal and ethical standards, especially in diagnosis and treatment processes, to mitigate negligence. The research concludes by proposing several measures to improve healthcare quality, including ongoing professional training, tighter regulatory measures, a focus on patient-centric care, and legal adjustments to protect patient rights and ensure justice within the healthcare framework.
Keywords
Healthcare Regulation, Medical Ethics, Medical Negligence, Medical Harm
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