Administrative Liability for Surgical Errors: A Comparative Study Between Jordanian, Egyptian and French Laws

Abstract

The administrative liability for surgical errors is based mainly on the basis of error. Given that the administration practices its activities through a group of employees (doctors in the field of study in question), the Jordanian, Egyptian and French judiciary is accustomed to distinguishing within the framework of the rules of administrative liability of personal fault and service fault.This study dealt with "the administrative liability for surgical errors: A comparative study between Jordanian, Egyptian and French law". The study lies in three topics. The first dealt with the "concept of medical operations" and their controls in Jordan, Egypt and France, in terms of the definition of surgical operations, and the rulings on the stages of medical examination and anesthesia, as well as the “concept of medical error and its types” in the Jordanian, Egyptian and French jurisprudence and judiciary.The second topic of the study tackled the personal fault and service fault within the scope of administrative liability for surgical errors in Jordan, Egypt and France. This topic included "the position of the French jurisprudence and judiciary regarding differentiation between personal fault and service fault", as well as "the position of the Jordanian and Egyptian jurisprudence and judiciary of differentiating personal fault and service fault".Finally, in the third topic we presented the provisions of the administrative liability for the surgical errors in Jordan, Egypt and France. It explains "the element of error in the administrative liability", "the element of damage in the administrative liability for the surgical errors" and "the causal relationship between the error and the damage in administrative liability for the surgical errors". The study concluded with a number of results and recommendations. The most prominent of these results is that medical errors are many and developed as the medical science progresses, although the majority of errors result from diagnosis, treatment or performing operations.Among the most prominent recommendations are: Legislative rules relating to medical liability are set and taught in its civil, criminal and administrative aspects in medical colleges as a compulsory course, so that doctors realize the legal aspect of liability for their profession. This limits the manifestations of negligence in this aspect.