Showing posts with label Medical responsibility. Show all posts
Showing posts with label Medical responsibility. Show all posts

Proof of medical liability obligations.. Acknowledgment. Certificate. Written documents

The scholars unanimously agree that the owner of the case is required to be judged as if the doctors and their assistants denied that claim.

The judge shall rely on proof of professional responsibility for the evidence that is considered legitimate in proving the rights:

1- Declaration:
the strongest evidence.

2- Certificate:
and be two righteous men if the result of the provision of the provision of proof of retribution and condolence, but if the consequent financial rights such as security, it accepts the testimony of women individually and in partnership with men.

3- written documents:
the reports written by doctors and their assistants is considered an argument if found in the records of hospitals, but if the patients denied by the doctors is not considered an argument.

Medical responsibility for abandonment of the patient.. The doctor's commitment to a group of people and his disobedience to their care is a violation of the responsibility

The legislation considers a doctor who visited a patient or visited a patient before his treatment is obliged to complete the treatment, taking care of the negligence of the patient who returned to visit his first physician or visit the doctor as a link or contract between them.

The same applies to a doctor's commitment to a group of people, and his disobedience to the community is an irresponsible offense.

The pillars of medical responsibility.. Medical error. Harm. Causal link between error and damage

Medical responsibility is legally based on three pillars:
1. Medical error: a breach of an earlier offense committed not by an observant person found in the circumstances in which the offender was found.
2. Damage.
3 - causation between error and damage: the absence of the impact of external causes of the will of the doctor in the presence of that damage caused by error, so as not to exempt the doctor from liability.
In fact, these three are not pillars of responsibility:
Either medical error is a reason for irresponsible liability, it is not a pillar of non-stop responsibility for it.
Damage is an effect of medical error that can be considered the positive cause of liability.
The Association is a condition in their consideration.

Departments of Medical Responsibility.. Moral responsibility - literary. Professional responsibility - the process

Medical responsibility in Islamic law is divided into two parts:
Section 1: moral responsibility (literary): ask the doctor and his assistants on issues related to their behavior and ethics and examples: cases of fraud and lying, the doctor accused of cheating patient to be called a surgical injury or the analyst or X-ray or medical binoculars fraud and lies in the reports written by each It is a request for personal purposes and ambitions.
These cases and the like must be held accountable to the doctor and his assistants for the validity of their claim and when proven to be judged morally, they are strengthened by what they deserve, as ruled by inclusion or retribution of them, if damage to the fraud and lies.
Section II: Professional Liability (Operation): The doctor and his assistants shall ask about the issues related to their medical work and the consequent damages, such as medical error from the examining physician, the surgeon or their assistants or the joint of all. The assets followed by the specialists resulted in the removal of damage in the body of the patient.

Evidence of the legality of medical responsibility.. Who was in the rule of doctors such as analysts, nurses, anesthetists, radiographers and binoculars

It is proven in the Sunnah of the hadeeth of Amr ibn Shu'aib from his father that his grandfather said that the Messenger of Allaah (peace be upon him) said:
This hadeeth was originally considered to include the ignorant person if he treated another person and was affected by his treatment.
The talk referred to as the medical responsibility of those who claim medicine and is ignorant of it and this is comprehensive for the following:
1- All branches of medicine.
2 - For those who were under the rule of doctors such as analysts, nurses, anesthetists and radiographers and binoculars.
3 - ignorant branch treated by the specialist eye surgery is surgery outside his competence, is within his competence but not aware of the stages or the ability to apply them in the required manner, and so the ruling for doctors assistants.
Ibn al-Qayyim conveyed the consensus to include the ignorant doctor. As for the infidel doctor, al-Khattaabi said: "I do not know in a dispute that if the healer crosses the wound, the patient is a guarantor."

Ethical Responsibility in Medical Surgery.. Keeping the nakedness and concealment of illusions and not to look at them without need to call for consideration

The doctors and their assistants must do the following:
1 - Honesty: The Almighty said: "O ye who believe! Fear Allah and be true to the truth, the statements of the doctor and his assistants must be in accordance with the truth. It is forbidden for them to tell the patient what is contrary to reality, and each one of them is responsible for all the statements made by them, If he lies in it and arranges a lie for him, and this is stipulated in the laws regulating the conduct of doctors.
Here is a question about the serious cases in which the patient is afraid if he is told that he has a fatal surgical disease, if the doctor examined the patient and found him suffering from cancer, should he believe him, although this may harm the patient psychologically worsened his condition? Or is it permissible for him to lie to these circumstances, and be excluded from the origin of the prohibition of lying to the need?
Which shows that it is not permissible to lie to the patient at all based on the evidence of the prohibition of lying. It also follows that he is informed of the truth by legitimate interests, because he can do that by himself by preaching the rights of others.
If the patient fears the harm, the patient may tell his guardian or his relative to tell him in a suitable manner that makes the news worse. If fear is imposed on the patient in this case as well, the parents and kinship can not tell him and ask him about the rights that he has and therefore want to increase the characteristics of righteousness and good, Thus, the damage and the realization of legitimate interests, while moving away from lies.
2 - meet the deadlines, and the year has proven that the contrary promise of the hypocrites, the doctor and his assistants should not consult patients only after they verify or prevail in the promise of fulfilling the promise, unless an emergency emergency ambulance to save a patient feared death or damage to one of its members or serious complications , But this is restricted by the absence of a doctor who can do so.
3 - Fulfillment of contracts: The Almighty said: O ye who believe, fulfilled the contract, the doctor and his assistants must abide by the contracts concluded with the patient, and sin and bear the responsibility resulting from their abstinence if they abstained without a legitimate excuse.
Some have argued that if the doctor agrees with the patient and then refuses to treat him until he dies, he is considered a deliberate murderer if he deliberately abstains, or for reasons that are weak and proven intent to abstain.
This is not a legitimate Muslim. If the doctor refuses to cure him if he is for reasons that are weak, his existence is considered a positive suspicion to prevent him from abusing him, especially if he is considered to be a believer.
But if he does not agree with his knowledge of the harm, then he is not free or he does not think that the patient's death is over or over. If he thinks that the patient is dead, there is no problem in considering his suspicion as a drop of suspicion, and the intention is for his death to fall on this face. Surgery, which he did not do two things:
(A) It is likely that the patient will not survive after the illness or otherwise. The patient is considered here in the rule of the dead, and the abstention here does not stop him from doing the positive reason for his survival.
B - to prevail over the thought of the patient's survival of that surgery, God willing and intended to prevent the death of the patient and his loss, and will be the statement of this situation.
4 - Advice for patients: This is a Muslim's rights to his brother, and in the right talk: "religion advice" doctors and their assistants must do the duty of advice to patients and advised them to choose the best and easiest harm, whether in medical examination or surgery, To them, what is with God is better and kept, and advice:
(A) If he is aware that the examination by means of which he does not exist, and is found at others and verified by the sanatorium, he must advise him to go to others.
(B) Thus, if such means are safe, the means and the means thereof shall be other than that.
If the doctor knows of the alternative that can be treated by the patient and is less harmful than the surgery, he must inform the patient.
D - Statement of the ill consequences of the patient due to some of the tasks that patients are required to do so that they are aware of or give up, and cheating and contravening advice that the doctor or his assistants deceive the patient by trivializing the order of surgery and costs in a manner that attracts the patient to do with the inclusion of many risks And the high financial costs, and are guilty of this shortcoming.
5 - Keeping the nakedness of the patient: The texts indicated that it is obligatory to keep the nakedness and conceal the illusions and not to look at them without a need to look. In the correct hadeeth: "The man does not look at the nakedness of the man, nor the woman on the woman 's awrah. To ask patients, whether men or women, to reveal the location of the nakedness, except when the need for this so that the examination and treatment.
If they violate this literature, the judge has the right to uphold them.

Responsibilities of professional doctor.. Non-follow scientific assets. Wrong hand of the surgeon, anesthesiologist, pathologist, radiologist and binoculars

Responsibilities of professional responsibility are: the reasons for the accountability of the doctor and his assistants in terms of the tasks they performed.
These obligations are:
1 - not follow the scientific assets:
These are the fixed assets and rules that are theoretically and practically recognized by physicians, and which must be learned by each doctor at the time of his / her medical work.
Accordingly, scientific assets include the following two types:
(A) Fixed sciences, which have been approved by medical scientists, both ancient and modern, such as the scientific materials prescribed in universities and medical institutes.
B - Emerging sciences: the sciences and knowledge that are discovered, it is modern with doctors, these are considered scientific assets have achieved two conditions:
First: To be issued by a competent authority.
Second: To certify the people of experience and competence to apply.
2 - the error: if the hands of the surgeon or anesthesiologist or nurse or radiographs and binoculars, and creates "damage to the body of the patient, and this type of obligations does not result in the effect of the act of" You do not stand by what you sinned, but the owner of the guarantee of what arose from His mistake.
3 - Ignorance: It is to provide a person on the surgical medical action without being eligible for it, and scientists have agreed to be considered a positive responsibility and judged that it must be guaranteed, and discipline the person committed to him and the rest of the other.
4 - Assault: It is the act to do what is harmful to the patient, whether surgery or the tasks required by the examination and anesthesia with the intention of the doctor to perform a process that harms the patient knowing the effects of bad and intended for them, or the doctor tester claim the patient disease requires surgery if surgery He has been killed or damaged in his body with knowledge of these bad consequences and intended for them, or increases the anesthesiologist of the dose of anesthetic knowing the impact of bad, these images and the likes of a guarantee.

The body responsible for medical surgery and positive responsibility.. Doctors and their aides. Responsible for the stages of surgery

The person in charge of medical surgery is the person who carries the burden, and the consequences, which is the source of the responsibility, whether by direct as in the surgeon who performs the surgical operation outside his jurisdiction, which caused damage.
Or by causation as in the examiner, who refers the patient to a radiographer who knows that he is unable to perform the task of imaging and then results in damage to the patient.
This body responsible for damage includes two communities:
First community: doctors and their assistants, including:
1 - doctors examiners.
2- Medical Endoscopy Specialist.
3- Radiologist.
4 - Anesthetist.
5. Laboratory Specialist.
6. The surgeon.
7. Nurses and nurses.
The responsibility of these persons varies according to the different stages of the surgery and the tasks they perform, and the limits of their responsibilities are shown in the following sections:
Section 1: Those responsible for the stages of surgery:
The stages of the surgical operation include five stages:
1- General medical examination.
2. Authorization for surgery.
3- Diagnosis of surgical disease.
4- Medical examination for surgery.
5. Anesthesia.

Responsibility for general medical examination.. To diagnose the disease with intuition and guessing with the availability of means by which to ascertain the existence and absence of disease

The general medical examination shall include the examination of the physician examining the patient's condition and complaint. He shall then perform the clinical examination and, if necessary, ask for other tests to be used to arrive at the knowledge of the surgical disease.
There are three cases here:
The first case: that the responsibility is related to the examining physician alone if the person responsible for the responsibility arises from the act of the examining physician, he bears sole responsibility for him and his assistants do not bear that responsibility if the relationship between them and the positive person ceases.
An example of this case is that the diagnosis of the disease should be made with intuition and guesswork, with the means by which it can be ascertained that the disease is present and not present.
Case 2: Responsibility for Assistants:
The analyst of blood, urine and feces bears full responsibility for any error in his analysis and is responsible for the method he chooses to arrive at the results of the analysis.
The radiologist is also responsible for the method of imaging as well as the amount of radiation dose that he sent on his body and the consequent damage, as well as the responsibility for the reports written by the doctor and the results included, as well as the photographer in medical and other perspectives, all these assistants bear full responsibility From their duties, according to their specialization and field of work. The doctor shall not be considered an associate on the condition that they are qualified to perform the task to which they are required to perform and to provide medical reports relating thereto.
The third case: that the responsibility be shared between the doctor and his aides:
If the obligor is responsible for the act of the assistant and the doctor has an influence on that positive, the responsibility is shared between them. The doctor referred the patient to the radiographer or a medical forensic photographer, knowing that the photographer is not qualified for the task of radiography or binoculars. The patient's intestines or any other damage, then the responsibility lies directly with the photographer for being directly responsible for the act, and the doctor who referred the patient to him knowing that he is not eligible to E in the rhythm of the positive.

Responsibility for diagnosis of surgical disease.. Build diagnostics on reports that match the truth of the analyst or radiographer

A physician is considered to be alone if the person responsible for the diagnosis is the result of his diagnosis, and no other person has an effect on the positive, as if he claimed to have a surgical injury based on intuition and conjecture, or to emirates that have not been proven to be present.
Also, if his diagnosis is based on reports that are true to the truth from the analyst or radiographer or towards them and misunderstand them, he is mistaken in his diagnosis.
Assistants in the diagnostic task are responsible only if the person responsible for the diagnosis error is present because of them, the doctor has no relation to that emergent condition, and if the error in the diagnosis is based on the error of the assistants' reports.

Responsibility for medical examination.. Proving the existence of the disease that requires surgery and the patient's fitness to cope with the problems and risks of surgery

The responsibility for the medical examination is two things: to establish the existence of the disease that requires the surgery, and the validity of the patient to bear the troubles and risks of surgery.
The surgeon carries responsibility here in the worldly and Acharya in two places:
1- If he refuses to refer the patient to the examination and performed the surgery without ascertaining the presence of the surgical disease and that the patient is able to bear the risks.
2- If the reports and results include what is required to refrain from surgery, such as the absence of the presence of the disease or that the patient is infected so as to prevent the success of the surgery, I submit to surgery without relying on what is required to do.
In the first place, the emergency cases that require the immediate assistance of the patient, which most likely causes loss of the patient, should be delayed if his surgery is delayed for the duration of the examination.
The examiner and his assistants bear the responsibility here in the form described above in the medical examination.

Responsibility for anesthesia.. The causative responsibility of the surgeon for the eligibility of the anesthetized person in the anesthetic task

Liability at this stage relates to the surgeon and anesthesiologist:
The surgeon bears the causal responsibility for the person's fitness, since he may not entrust the anesthesia to anyone who does not have the capacity to do so.
In the event of a reversal of the anesthetic decision, the patient shall also be liable to the anesthesia based on the results of the examination of his / her breathing apparatus and heart.

Medical responsibility between the Arab and Islamic medical heritage and modern medicine.. Discuss the development of laws that control the responsibility of the doctor in case of error

Medical responsibility and doctors' mistakes are among the topics that have characterized the practice of medicine since ancient times and the development of medical sciences across the ages. These legislations also developed in a manner consistent with the development of medicine. And when Islam came to put in place controls and laws for the practice of medicine, which is the focus of the Prophet peace be upon him "who is tainted and did not know medicine before that is a guarantor." Accordingly, the ancient Arab doctors and scholars of Islamic law set conditions for the doctor's absence in the event of a medical error. There are many forms of medical liability that have been so complicated that it is necessary to re-discuss the development of laws that control the responsibility of a doctor in the event of a mistake and to meet the need to practice medicine in an atmosphere that encourages doctors to perform according to the most modern methods of treatment without compromising the rights of the patient when the error occurs.

Taking care of the doctor and alleviating his responsibility for the complications that may result from his work.. The warranty is on the doctor who is in charge of nurses and technicians

The various doctrines of jurisprudence have realized the nature of the medical work and the complications and complications it entails. The doctor can not help it with any knowledge and experience to avoid it. Therefore, the jurists tended to take care of the doctor and alleviate his responsibility for the complications that may result from his work. In his judgment of nurses, technicians, etc., if the following conditions are observed:
- First: to be knowledgeable in the medical industry. Which is currently expressed by the official possession of scientific certificates that prove his study of medicine.
- Second: to be authorized to practice the profession. Which is currently expressed in possession of the certificate of practice of medicine and granted by the ministries of health, each according to his specialty.
Thirdly, the patient should authorize him to perform his duties. This is particularly important when a doctor is absent from work, and another doctor is assigned to perform his tasks. In such a case, the patient must know this. He may refuse to receive treatment from a physician other than his original physician. Otherwise, the doctor-agent here is liable in the event of a miscarriage because he has not been authorized by the patient to perform his duties.
Fourthly, that he should not exceed what he needs in the treatment: if he gives a dose of medicine greater than the prescribed, this leads to harm to the patient.

Conditions of denial of responsibility for the doctor in the event of damage.. Obtaining the license to practice the medical profession according to a specific specialization

The Islamic Organization for Medical Sciences, based in Kuwait, recently approved the Islamic Constitution of the medical profession as a prerequisite for denying responsibility for the doctor in case of harm.
1 - permission of the street to practice the profession. And this means today to obtain the license to practice the profession of medicine according to a specific specialty and from the concerned bodies, which are often the Ministry of Health.
2 - Satisfaction of the patient with treatment.
3 - The purpose of healing by the doctor.
4 - Do not make the mistake of obscene from the doctor. The gross error is not recognized by medical assets and is not recognized by the people of art and science and in fact the most controversial is the last item. An outrageous mistake may differ in its assessment from one country to another and from one person to another. What is considered an outrageous mistake by some may be considered obscene or even judgmental. People with the same competence often disagree.

The terms of a medical doctor's responsibility.. The presence of harm and harm in the patient and a link between the damage caused and the medical error actually

In order for medical responsibility to fall on the doctor, two conditions must be met: first, there is harm and harm to the patient, and the other is a link between the actual injury and the medical error. In modern medical practice, the claim for compensation for injury is valid only if the doctor has done his work without having the right to do so, or has violated the inviolability of the laws in force in this regard, or has disregarded the obligations to which he has bound himself.
What is required of the doctor is to provide his patient with the necessary care as required by the conscience and science, and is asked only if neglected. The doctor may be subjected to different and sometimes contradictory criticisms. He may be accused of negligence for not resorting to modern methods of medical science, and he may be accused of arrogance of his approach to modern methods that have not yet been proven. Thus, we see the conservative doctor as a doctor who is both prone to criticism and criticism from the technical point of view. The doctor may also be accused sometimes of lack of foresight, negligence and non-narration and other general matters that are not specific to doctors and doctors.

Medical responsibility for doctor's refusal to provide treatment for a patient.. Neglect of the patient to the doctor's teachings or the failure of his people to implement what is required of them for his benefit

There is nothing to force a doctor to work unless he is exporting something, he has to work for that side and treat all of her patients. If you fail to continue visiting a patient who is treated in advance, as if he promised to treat a pregnant woman and then generate it, if you fail to do so without an excuses and result in injury to the woman then the doctor is responsible. However, there are some cases in which the doctor is able to resolve his obligation to treat a patient, such as the patient being negligent to the doctor's instructions, or that his parents are failing to perform what is required of them in the patient's interest. In such cases, the doctor must indicate to the patient or his / her parents a solution to his / her obligation to treatment and to witnesses.

Deputizing and the responsibility of the original doctor and the doctor alternative.. A physician who has a colleague with the same qualifications shall not be liable in the event of injury to the patient

A doctor may, when he is unable to continue to treat a patient for one reason or another, delegate another doctor and the same competence to him. The patient and his patients usually look at the doctor for a look of some hesitation and suspicion. If, during the course of the disease, there is confusion between the doctor and the doctor, the original doctor will be aware of the patient and his parents. In fact, a doctor who has a colleague who has the same qualifications does not have any responsibility in the event of injury to the patient, provided that the doctor shows that the agent is not the original doctor, but an alternative.

Medical responsibility for the error in diagnosis.. Restricting doctors' accounting to the fixed scientific assets and not to accounting for something technically different

The doctor should not be held responsible for the diagnosis error if the possible means available to diagnose the disease are used. If it is neglected for no reasonable reason, then it is liable for error in diagnosis. It should be noted here that the science of medicine is a science that is not yet complete. Therefore, doctors are only required to adhere to the established scientific principles. It is not right to ask the doctor about something that is technically different, as in the case of some diagnostic investigations. Some places, or medicine is not yet in its usefulness.
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