أسـاس الـمـســؤولـيـة الـطـبـيـة الـخـطــأ أو الـضــرر

Abstract

Since medical work is both a legitimate and exceptionally dangerous humanitarian activity, any basis for health responsibility must take that fact into account, and before the role of comparative legislation came, the judiciary and comparative jurisprudence were searching for an appropriate basis for that activity, and it excluded illegal health work. He placed it on the side of criminal work, as long as popular work remains legitimate and benefits all of humanity. Thus, jurisprudence and comparative jurisprudence have proposed three solutions to the issue in three directions: fatalism, doctrine, and negligence. There is a fourth solution, as it is still on its way to success and application, and I think it has a good future