The Doctor’s Civil Responsibility of Faults Affecting patientts’ Dignity and Conflicting with Ethics

Abstract

The humanitarian duty is the core of medical professions, if not its pillar, where the doctor is committed to respecting the patient and his dignity, and to refrain from all actions contrary to his moral obligations. This research explores a controversial topic which focuses on medical faults from a moral and professional perspective employing the framework of a comparative analytical study. The study aims to study these faults using three countries as case studies, namely Algerian, Emirati and French legislations, revealing their coverage of all ethical faults and regulating their liability provisions. The research is divided into two parts. The first part analyses the faults related to the humanitarian consideration of the patient and the lack of respect for his dignity, while the second part is devoted to faults resulting from the breach of ethical rules of the medical profession. The research reaches a number of conclusions and recommendations that all lead to the fact that the dignity of the patient and the observance of his humanity must remain paramount among medical practitioners. In addition, all the ethical and professional faults of doctors are impossible to list because of scientific progress. The study also concludes that the three compared legislations are different in organizing and responding to these faults. As well as the failure of the Algerian and UAE legislations to formulate clear legal texts on these faults and their consequent damages, in addition to the nature and basis of the existing responsibility. Based on the analysis ans findings, the research recommend that the respective countries should adopt a comprehensive legal system.