Criminal Liability for Medical Errors in Arab Legislation

Abstract

Criminal liability for medical errors is one of the most prominent legal topics that has sparked widespread controversy in jurisprudential and judicial circles. This is due to the sensitive humanitarian nature of the medical profession, which concerns human life and physical safety. This research aims to clarify the legal basis for physician criminal liability in light of Arab legislation, analyze its material and moral components, and demonstrate its compatibility with the general principles of criminal law. The research problem is to identify precise criteria for distinguishing between medical error, which gives rise to liability, and legitimate medical practice, which falls within the scope of sound professional practice. To achieve this goal, the research relied on a comparative analytical approach, examining legal texts and judicial rulings in a number of Arab legislations, including Egyptian, Jordanian, Lebanese, and Moroccan legislation. The research found that Arab legislation differs in defining the scope of physician criminal liability, with one approach requiring stricter penalties under the pretext of protecting the patient, and another leaning toward protecting the physician, taking into account the specificity of medical practice, which is based on probability rather than certainty. The research also highlighted the most important legal guarantees physicians enjoy, such as the need to prove a causal relationship and rely on the opinion of specialized medical committees. The research concluded with a number of recommendations calling for the unification of legal standards across Arab legislation and the amendment of certain provisions to achieve a balance between protecting the patient's rights and ensuring the physician's professional safety.