Medical Errors in light of Law and Religion

Abstract

This paper discusses both the position of Islamic and man made laws

with regard to physician‘s medical mistakes. It sheds light on the

responsibilities of doctors, and makes clear distinction between medical

mistakes and the likely consequences of medication process. It also discusses

definition of medication, the meaning of a medical mistake, doctor‘s

responsibilities, and the governing or controlling criteria of these terms in

pre-Islamic period and under the Islamic rule are thoroughly highlighted

Detailed investigations of doctor‘s responsibilities as determined by the

current effective law in Palestine ≠ Jordanian law- and the Islamic law are

extensively examined. It becomes obvious through this study that Islamic

law has managed to claim doctor responsibility and the scope of this

responsibility before man made laws- artificial laws-.Moreover, the researcher

has clarified that conditions stated in the man-made laws concerning doctor‘s

responsibility are almost the same ones that determined in the Islamic laws.

This means that the Islamic laws are everlasting, comprehensive, and realistic

in dealing with Man is issues any time and anywhere.

The researcher has concluded his study with some valuable

recommendations which could form a base for useful implementation and a

reference for further research in this field.