All praise is due to Allah alone, worthy of all praise and commendation, who has bestowed upon His servants blessings and favors, clothing them in the garments of health and well-being. Peace and blessings be upon the one after whom there is no prophet, sent as a mercy to the worlds, and upon his family and all his companions.

There is no doubt that a person's health and physical integrity are their greatest assets. Since creation, humans have been keen to preserve and care for their well-being. This has established the right to physical safety and health throughout ages and eras, to the point where it has become a constitutional right enshrined in the systems and constitutions of most modern nations.

As Allah's profound wisdom dictates that health may be afflicted by breakdown, weakness, and infirmity through diseases, pains, and ailments, He commanded people to seek treatment, maintain their health, and eliminate diseases and illnesses as much as possible. Thus, He prescribed for them seeking remedies and treatment from experts such as physicians, surgeons, specialists, and other medical professionals.

While the medical profession is among the noblest and most honorable, it involves many pitfalls, difficulties, and obstacles. The various and diverse medical errors that occur are a testament to this, which consequently leads to the physician's liability for these professional mistakes.

Liability, in its general sense, is accountability. 'It is the state of a person who has committed an act that warrants accountability.' In this concept, it varies according to its causes and consequences.

It may be a moral liability resulting from a violation of an ethical rule, as its standard is good and evil. For physicians, it can be of two types: administrative, which applies to a doctor working for the government or its affiliated bodies (Ministry of Health, hospital, clinic, etc.), where competent disciplinary authorities can discipline doctors for their mistakes and impose the stipulated disciplinary penalties. Or it can be syndical (union-related), which grants the syndicate the right to review the cases of doctors who have committed medical errors and impose penalties contained in the syndicate's law that are appropriate for the doctors' professional status.

A doctor's liability may be criminal if the doctor's act constitutes a crime such as murder, abortion, injury, or harm, whether intentional or due to negligence, which can take various forms like carelessness, recklessness, lack of precaution, or failure to observe laws, regulations, and systems. In such cases, the doctor's criminal liability is established, and they are subject to the appropriate criminal penalty.

Finally, a doctor's liability may be civil—which is the topic of our research. This involves compensating the aggrieved patient for the material or moral damages incurred due to the medical error committed by the doctor. The civil lawsuit filed by the aggrieved patient or their relatives is the means to obtain compensation.

The civil liability of a doctor is of great importance. On one hand, it concerns a physician practicing one of the noblest professions, who needs a great deal of trust, freedom, and reassurance to perform their work fully. On the other hand, it concerns a patient's life or physical integrity. The patient entrusts their life and physical safety—their most precious possessions and among the most valuable assets society is keen to protect as a matter of public order.

• ISBN: 9789957642969
• Weight: 0.700 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 296
• Year of Publication: 2023
• Binding: Hardcover