Retreat the idea of medical error in comparative civil law

Abstract

This research examines the concept, types and standard of fault . Also, this study is focusing on the link of error's idea with civil liability to the doctor, And legal developments which have made this idea i.e (error's idea) receding to show alternatives; appear in the form of legal theories; such as the theory of liability or risk and the theory of warranty , and many judicial decrees, and even a variety of legislation in the field of civil liability for the doctor. Therefore, we can get a conclusion that make the idea of the damage complementary to the error's idea, that indispensable in the field of tort for personal act, and in the field of contractual liability in the circle of obligation of means. Thus, it concludes to the confluence of the modern civil jurisprudence and Sharia Law which; concentrated on the idea of damage in the area of compensation