الأخطاء الطبية أحكامها, والآثار المترتبة عليها, في الفقه الإسلامي والقانون اليمني

Abstract

The research included an important introduction that includes an explanation of the importance of medicine and that its purpose is to preserve the soul. There is no dispute about the importance of that and the nobility of those in charge of it. When a medical error occurs that concerns the soul or human organs, resorting to Sharia law is the only resort for justice and equality in guaranteeing rights. Research also has great importance with the amazing development and discovery of diseases, which made the medical profession a path to profits. This was accompanied by a noticeable increase in medical errors, despite scientific progress. Such this requires solutions that ensure the scarcity of medical errors, or their absence. Thus, the research aims to know the provisions of medical errors in Islamic jurisprudence, as well as the extent of the comprehensiveness of Yemeni law, and its coverage of the issues and provisions of medical errors that occur by doctors, and to explain the effects of those medical errors from the point of view of Sharia and law. The research included the definition of medical error, the relationship between the doctor and the patient, the types of medical errors, the causes of medical errors, and the standards and conditions for proving medical errors. Thus, the research talks about the effects of medical errors, the compensation projections, models of medical errors, and the results of what was written about medical errors. And its provisions in Yemen. Finally, the research concluded with results and recommendations.