Civil Liability of the Physician Arising from Medical Errors in the Jordanian Law

Abstract

This study aims to explore the civil responsibility of physicians in the event of medical negligence within Jordanian law, with regard to the definition and categorisation of medical negligence, as well as the responsibilities that physicians have to fulfil. The research employs a descriptive-analytical approach, recognising that establishing the civil liability of a physician requires demonstrating causation between medical negligence and the harm the patient suffers. This proof is grounded on negligence, negligence or omission from recognised medical practices.

The study also highlights the fact that the physician is not solely responsible for the tort, but rather the rest of the medical team, including nurses, anesthesiologists, and other subordinates, all of whom, if involved, may commit an error for which they may be held accountable. The paper emphasises the problems of patient evidence demonstrating medical negligence, issues related to obtaining medical records, and the use of expert witnesses.

The study, therefore, recommends that comprehensive laws and regulations, as well as mandatory insurance policies, be enacted to cover patients affected by medical errors. These regulations would be part of a comprehensive package of legal initiatives that would enhance the Medical Accountability Law, strengthen patient protection, and provide clearer rules for medical accountability.

They are needed to clarify the current legal situation, introduce new changes to enhance the level of protection and restore fairness between patients and doctors in the Jordanian healthcare context.