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The civil responsibility for the doctor resulted from normal mistake | ||
| Journal of Research Diyala humanity | ||
| Article 1, Volume 0, Issue 49, 2017, Pages 1-47 | ||
| Author | ||
| ibraim salih atiya | ||
| Abstract | ||
| Since many decades, the civil responsibility of the doctor has been an issue of research and investigation. The relation between the doctor and his patient was building on confidence because it was based on mutual moral and trusted bases and principles. Therefore, it was far from the field of juristic conflicts. The practice of medicine profession in many civilizations was free and subjected to laws or conditions, but the doctor was ask for the mistake, which was made by him while in other civilizations did not subject the doctor to laws and rules because of the reputation and the statue which the doctor had in the society. Thus, there are courts, which extended their investigations to estimate the professional mistake of the doctor. In addition, they force the doctor to follow update information in his profession. Therefore, the mistake in present time is not permitted and not allowed because it is wrong theory. The theories of today might be mistakes of tomorrow. The normal mistake that results from the professional practice of the doctor is a wrong, it will not be allowed because it is forbidden one and subjected to general rules, and the doctor is not allowed to do it during practicing his job. The understanding of the mistake will avoid us to ask the doctor in order to know whether it is the mistake of the doctor or not? One of the normal mistakes is that the doctor tells the secret of the patient disease, and this case is not allowed because the patient may not want and in this condition means there is a normal mistake is happened by the doctor, and this case the judge does not need to an experts to know whether the doctor makes the mistake or not, but he can investigates the state personally and issue his decision concerned. | ||
| Keywords | ||
| Civil liability to the doctor; the reasons for providing counseling and treatment | ||
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