The Nature of the Plastic Surgeon’s Commitment in the Jordanian Medical Liability Law No. 25 of 2018
DOI:
https://doi.org/10.35516/law.v51i2.1574Keywords:
criminal responsibility, surgeon's commitment, achieving a result, taking care, plastic surgeryAbstract
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.
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Accepted 2023-06-13
Published 2024-06-15


