the norms of their profession in a manner that causes injury to others. These
provisions of law apply to all professionals, including physicians. Legislative
efforts in many countries aim to achieve justice for the physician and the patient.
The following legislation examples were either written or amended to serve this
goal:
1. Jordan drafted a law regulating medical accountability to do justice to the
physician and the patient. Jurists supported the regulation of this
relationship through clear provisions of law which judges and lawyers
could comprehend in their own clearly laid out terms instead of resorting
to uncertain subjective interpretations. They now have legislation
whereby the rights and obligations of all parties are clear. This draft law
covers significant issues such as the formation of a High Technical
Committee, which presents its technical opinion regarding medical
malpractice-related complaints filed with the court or the Attorney
General. It also provides that the health service provider who is
accused of causing injury or death to a patient during therapeutic
intervention should not be remanded during investigation of the case.
It also demanded the Ministry establish a national registry of judicially
documented medical errors. However, it has not ordered healthcare
service providers to insure against civil liability arising from medical
malpractice.
2. On 4 March 2002, the French Parliament attempted to balance between
the rights of health care providers and the rights of the patients by
substantiating the principle of liability arising from medical practice by
health care providers. Concurrently, the lawmakers established a system
(National Solidarity) to indemnify the victims of medical malpractice.
The Parliament approved of Law No. 2002\303, which is relevant to
patients' rights and health system quality. It provides for establishing a
National Office for Compensation of Medical Malpractice. It was
transformed into Law No. 1577\2002, issued in December, 2002. This
binds the physician to hold a contract of insurance against civil
liability and regulates the relationship between hospitals, insurance
companies and the national office in regard to compensation for victims
of medical malpractice.16
16
Saleh, "Physicians' Civil Liability...". Also see: Ashraf Jabir, Physicians' Insurance against Civil Liability (Cairo;
Al-Nahda Al-Arabiya House, 1999) p. 472.
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