Penal Liability Arising from Medical Malpractice: A Comparative Study of Egypt and France
Moussa Ahmed Fekry
Ibrahim Suleiman Al Qatawneh
Ramzi Madi
Moustafa Elmetwaly Kandeel
Maher Haswa
This research navigates the intricate terrain where penal law intersects with the medical profession, mainly focusing on physicians' evolving liability in malpractice and harm to patients. A comparative analysis is drawn by examining scholarly discussions and legal frameworks centred on the legislation of Egypt, France, and other jurisdictions. Recent progress has made it clear that medical malpractice during the transfer of human organs between living humans and human inoculums can lead to both civil and criminal liability for doctors. This study sheds light on malpractice's complex role in these areas. The convergence of penal and civil liability on malpractice triggers a complex dialogue, especially as diverse perspectives in Egypt and France reveal ongoing challenges in defining the foundations of medical malpractice liability. The study adopts a comparative approach to achieve a comprehensive understanding, systematically analyzing healthcare legislation and juristic frameworks across multiple countries. The qualitative doctrinal research method is chosen based on the research questions and study objectives, ensuring a meticulous analysis of relevant legislation and case laws. The exploration extends to regulations governing organ transfers, gamete transfers, and human inoculums, focusing on how Egypt and the UAE navigate these critical medical procedures. Legislation in these regions emphasizes safety consent and prohibits financial considerations related to human organs. The study also uncovers variations in European jurisprudence, showcasing debates on using human gametes in research. Noteworthy gaps in specific legislation, like the absence of explicit liability, underscore the necessity for comprehensive regulatory frameworks. The analysis paints a vivid picture of the evolving legal landscape, emphasizing the continuous need for clarity and ethical considerations in response to the intricacies of modern medical practices.
Keywords:Medical malpractice, Penal liability, Civil liability, Diagnosis stage, Treatment stage, Malpractice, Medical work
