أعلام الطبيب المر يض عجخاطر مرضه في عقد العلاج الطبي وحدوده من منظور القانونين الفرنسي والليبي والفقه الأسلامية

• Main Author: Maisoun Fathi Omar Abughrsa
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2019
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/17803

Physician’s commitment to notification is highly important obligation in the medical treatment contract. With reason of it, the patient is notified of risks of illness and treatment to help him in taking the decision which he sees suitable with insightful will, with physician’s consideration of providing the patient with the amount of medical information which his health condition allows for, and directing his commitment to the legal and legitimate right holder. The problem of this study lies in the fact that, the Libyan legislator did not state on nature of risks to which the physician must abide by notifying his patient of, unlike the French legislation which obliges physicians to notify the patients of all expected and unexpected risks, besides pronouncement of rule for physician’s lying to the patient in consideration of his psychological status. This study aimed at determining owner of the right of undertaking health affairs of underage patient when patronage on his soul and money not in hands of one custodian besides proclamation of the nature of risks which the physician commits to notify his patient about when treating him, with clarification of cases when the physician is allowed to lie to patient. The Libyan legislator did not state on the right holder in this case while the French legislator grants it to the patient’s parents or his legal representative of health affairs. The study followed the analytical descriptive; inductive; and comparative approaches and found that commitment of the physician to notification of his patient of the medical curative actions is relative commitment that only includes the expected risks in the Islamic Law and the Libyan jurisprudence, unlike the French legislation which made it absolute commitment that includes the expected and unexpected risks. This study recommends the Libyan legislator to state on the nature of the risks which the physician abides by notifying his patient of.