Proof of Medical Malpractice Before the Civil Court

Abstract

The doctor deals with the human entity that God has honored and bestowed upon him with many blessings that he cannot count. God Almighty said: {And if you count the blessing of God, you shall not number it. Indeed, God is Forgiving, Most Merciful} (1) Among these blessings is the blessing of health and life, and this blessing is a touchstone for testing the servant. In this worldly life, therefore, Islam came as a guide and urge to protect the body from diseases, and it is rational for a person to seek treatment if he is afflicted by a pandemic or a disease, and to seek treatment from people of specialization and experience in the medical field. Therefore, the medical arena has witnessed development. With rapid progress and remarkable progress, it has become necessary to surround these developments with legislative guarantees in order to ensure respect for the human personality and care for it to the greatest extent possible in all circumstances. Accordingly, medicine has become more effective and more dangerous, like any scientific progress, but this tremendous development in the modern medical field despite Its importance has resulted in many harmful effects and serious risks on the human body, as well as the use of complex machines and tools in surgical operations, which leads to many risks for patients, and this means an increase in incorrect medical procedures. This causes an increase in the number of lawsuits filed before the judiciary, proving doctors' errors in them, in order to demand compensation for the damages resulting from these errors.
Therefore, the doctor's connection has become closely linked to the human body and life, and the more medical science develops, the greater the possibility of error on the part of doctors. With the expansion of medical science and its development according to the requirements of necessity to treat diseases, we notice the multiplicity and development of the tools and means that the doctor or his assistants use in discovering treatment. This expansion, development, and complexity requires keeping up with the The law regulates it and develops the necessary solutions to determine the responsibility of doctors and prove it before the civil judge
The study of this subject in civil law is characterized by great importance, as the great progress achieved by medicine, the expansion of its application fields and the diversification of its branches and the emergence of its specializations has increased the importance of its role in human societies. It has also increased the risks of practicing the medical profession, doubled the responsibilities of the doctor, and the many mistakes that doctors make. And their assistants and how to prove this mistak.
The problem of the study lies in the fact that the progress of medicine and the diversity of many subspecialties has been accompanied by many striking errors made by doctors and their assistants. Many of these errors are technical and should not be made by doctors. The injured person and the doctor, especially the doctor, have become confused and anxious. He is wanted by multiple judicial authorities, as he may be represented. Before a civil judge in a civil court, he may appear before his minister for accountability and accountability, and he may appear before a committee from his union, and this All due to the shortcomings of medical laws, especially in Libya.