The Nature of the Plastic Surgeon’s Commitment in the Jordanian Medical Liability Law No. 25 of 2018

Authors

DOI:

https://doi.org/10.35516/law.v51i2.1574

Keywords:

criminal responsibility, surgeon's commitment, achieving a result, taking care, plastic surgery

Abstract

Objectives: As long as the conditions for therapeutic medical intervention are met, it falls under the umbrella of justifications that shield the doctor from responsibility. However, this does not mean it does not absolve him for violating the obligation he is under. Therefore, this essay tries to clarify and provide insight into the nature this obligation means in general and for the plastic surgeon specifically. Similarly, the basis of the medical service provider's criminal responsibility was discussed and determined, namely whether to achieve result or taking care.

Methods: To address the research challenge, the study adopted a descriptive approach by demonstrating the nature of the Jordanian Medical Liability Law and jurisprudence's plastic surgeon commitment. It also adopted an analytical approach to analyze and discuss relevant texts and jurisprudence.

Results: According to the study's findings, the doctor's overall obligation to undertake care, given the nature of certain obligations, but in the absence of the accompanying element of likelihood makes the obligation an obligation to achieve an outcome. A plastic surgeon's commitment, on the other hand, has evolved over time as legislation, technology, and social developments have affected the demand for plastic surgeries.  As a result, the plastic surgeon's commitment resembled the commitment to exercise special care, reflecting a recent developments in the context of criminal responsibility for plastic surgeons.

Conclusions: Since establishing criminal liability is of crucial importance, the essay suggests establishing the responsibility of a surgeon in the law of medical and health responsibility and not allowing it to be left up to diligence and debate.

Downloads

Download data is not yet available.

References

Al-Ma'aytah, M. (2004). Civil and Criminal Liability in Medical Errors, First Edition, Naif Arab University, Riyadh.

Farag, H. (2007). Medical Errors, Dar Al-Nahda Al-Arabiya.

Al-Dakhil, H. (206). Criminal Responsibility for the Doctor’s Mistakes in Plastic Surgery: a comparative study, Master’s thesis, Qassim University.

Arafa, M. (2009). The Criminal, Civil and Disciplinary responsibility of the Doctor and Pharmacist, Technical Office of Legal Encyclopedias, Alexandria.

Mustafa, M. (2018). The Criminal Responsibility of the Doctor in the Field of Plastic Surgery in Iraqi Law, Master's thesis, Iraq.

Abdelhamid, A. (2020). the Criterion of Permissibility of the Act of Intentional Wounding by a Plastic Surgeon as a reason for the Absence of Criminal Responsibility in Algerian Legislation, the Academic Journal of Research and Scientific Publishing, the sixteenth edition.

Al-Momani, Z. Acceptance of Risks and Its Impact on Civil Liability in the Medical Fields: A Comparative Study between Jordanian and Egyptian Laws, Ph.D. Thesis, Amman Arab University, Amman.2- Kaki, Z. (2020). The Doctor’s Criminal Responsibility for Plastic Operations, Master’s Thesis, Middle East University.

Momani, B. (2010). The Basis of the Responsibility and Legal Nature of the Plastic Surgeon in the Jordanian Civil Law: A Comparative Study, The Jordanian Journal of Law and Political Science

Sabahin, S., Hilliel, M., Shatnawi, F. (2012). Commitment to Foresight in Plastic Surgery: A Comparative Study between Jordanian Law and Egyptian and French Law. An-Najah University Journal, 26, 2012.

Al-Mohammadi, S. (2019). The Evolution of Civil Liability in the Medical Field, Master Thesis, Qatar University.

Amin, S. (2010). The nature of the plastic surgeon’s commitment in the light of the Algerian legislation and judiciary.

Al-Zubaidi, A. (2010). Legal Problems Raised by the Contractual Liability of the Physician in Plastic Surgery, The Jordanian Journal of Law and Political Science.

Al-Khasawneh, A. and Al-Momani, B. (2010). The Basis of the Responsibility and Legal Nature of the Plastic Surgeon in the Jordanian Civil Law, The Jordanian Journal of Law and Political Science.

Lafi, M. (2012). Criminal Liability Arising from Medical Error, second edition, House of Culture for Publishing and Distribution, Amman, Jordan.

Amman Court of Appeal 14930/2017, dated 28/7/2020, Qestas Publications.

Amman Court of Appeal 627/2007 dated 14/4/2008, Qestas Publications.

Cassation Court's decision 2213/2021, Five Panel, 5/10/2020, Qastas Publications.

Cassation Court's decision 503/2020, Public Authority, 31/5/2020, Qastas Publications.

Cassation Court's decision 968/2007, Five-Year Commission, dated 3/9/2007, Qastas Publications.

Court of Cassation (civil) 2016/3723, dated 15/2/2007 Qestas Publications.

Court of Cassation (civil) 2119/2008, 14/5/2009, Qestas Publications.

Court of Cassation (civil) 3655/2014, dated 24/2/2005, Qestas Publications.

Court of Cassation (civil) 626/2006, dated 06/5/2007, Qestas Publications.

Egyptian Court of Cassation, Appeal No. 111, dated 06/26/66, Collection of Judgments of the Egyptian Court of Cassation.

Egyptian Court of Cassation, Appeal No. 1566, issued on 11/2/1973, Collection of Judgments of the Egyptian Court of Cassation.

Egyptian Court of Cassation, Appeal No. 7357 dated 23/01/2014, Collection of Judgments of the Egyptian Court of Cassation.

Jordanian Medical and Health Liability Law No. 25 of 2018.Jordanian Medical and Health Liability Law No. 25 of 2018.

UAE Federal Medical Liability Law No. 4 of 2016.

Published

2024-06-15

How to Cite

Altarawneh, H. A. S. ., & Shtayat, T. D. T. . (2024). The Nature of the Plastic Surgeon’s Commitment in the Jordanian Medical Liability Law No. 25 of 2018 . Dirasat: Shari’a and Law Sciences, 51(2), 1–12. https://doi.org/10.35516/law.v51i2.1574

Issue

Section

Law
Received 2022-07-19
Accepted 2023-06-13
Published 2024-06-15