Medical error that leads to criminal liability

Ebtisam Hasan BanEsiay

doi:10.58916/alhaq.vi.275

Authors

Ebtisam Hasan BanEsiay Department of Criminal Law, College of Law, Al-Marqab University, Al-Khoms, Libya Author

DOI:

https://doi.org/10.58916/alhaq.vi.275

Keywords:

Medical error, criminal liability, doctor, patient

Abstract

Medical error that entails criminal liability in Libyan law occurs when a doctor commits an act or causes harm to a patient as a result of his negligence or failure to follow professional or legal standards. This includes negligence, recklessness, incompetence, and violation of medical laws. If this error leads to physical harm or death, the doctor bears criminal responsibility, taking into account the balance between holding him accountable and encouraging scientific development in medicine.

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Author Biography

Ebtisam Hasan BanEsiay, Department of Criminal Law, College of Law, Al-Marqab University, Al-Khoms, Libya

Name: Ebtisam Hasan BanEsiay

Current position: Faculty member in the Criminal Department of the Faculty of Law at the University of Al-Marqab Al-Khamis.

Academic degree: Assistant Professor

- Holder of a master's degree with the title of the thesis "Prisoner's Rights in Libyan Law and International Agreements", 2010/2011. Tarhuna Faculty of Law, Al-Marqab University.

- Currently in the process of preparing a doctoral thesis entitled "Criminal Confrontation of Terrorism Financing, a Comparative Study" in the Republic of Tunisia.

- Languages I speak: Arabic and English.

- Hobbies: Reading and writing poetry.

- Leadership positions I have headed:

- Director of the Study and Examinations Office

- Director of the Faculty Members Office.

- Head of the Criminal Department.

Currently, Vice Dean for Academic Affairs of the College.

- Previous scientific participations:

- A research participated in the Ministry of Social Affairs in Zliten, entitled (The extent of the working woman's family compatibility) in 2014 AD

- A research published in the Journal of the Faculty of Law at Al-Marqab University in 2015 entitled "The right of the convict to humane treatment"

- Another research entitled "Criminal protection for the Chairman of the Board of Directors of the public company for the crime of abuse of authority", participated in the Companies Conference organized by the Academy of Graduate Studies, Misurata in 2017 AD.

- Research on the specificity of the investigation into terrorism crimes, published in the Journal of the Faculty of Law, Al-Marqab University, 2019

- Research on guarantees for the trial of juveniles in terrorism crimes, published in the Journal of the Faculty of Law - Sirte University, 2020 AD.

- Research on the judicial structure of the trial of terrorism, published in the Remar Türkiye Conference, 2020 AD.

- Research on alternatives to short-term penalties (conditional release as a model), published in the Journal of the Faculty of Law, University of Sirte, 2021.

Research on objective criminal responsibility to combat corruption, published in the Journal of the Faculty of Law, University of Asmariya, Zeltin, 2020.

Research on the criminal responsibility of the legal person for corruption crimes, participated in the Criminal Justice Conference of the Attorney General, 2024.

Research on criminal responsibility resulting from practicing the medical profession without a license, published in the Journal of the University of Algeria 1, 2024.

References

References List

First - Books

• General:

Abu Bakr Ahmed Al-Ansari, Explanation of the Libyan Penal Code, National Library, Benghazi, Libya, 2013 edition.

Saad Salem Al-Aseeli, Penal Code, Al-Fadhil Publishing and Distribution House and Library, Benghazi, Libya, 2014 edition.

Abdul Razzaq Al-Sanhouri, Al-Wasit in Explanation of Civil Law, Part One, Theory of Obligation in General, Sources of Obligation, Maaref Establishment, Alexandria, Egypt, 2004.

Muhammad Ramadan Barah, Explanation of the General Provisions of the Libyan Penal Code, General Provisions, Part 1, Asr Al-Jamaheer Printing Press (formerly), Al-Khams Libya, 3rd ed., 2000.

• Specialized:

Sharif Al-Tabbakh, Medical Error Crimes and Compensation Therefor, Dar Al-Fikr Al-Jami’i, Alexandria, Egypt, 2005 edition.

Majed Muhammad Lafi, Criminal Liability Arising from Medical Error "A Comparative Study", Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2012 edition.

Muhammad Yusuf Yassin, Medical Liability, Al-Halabi Legal Publications, Damascus, Syria, 2003 edition.

Second - Scientific Theses

Muhammad Ahmad Abd al-Rahman, Criminal Liability of the Doctor, PhD Thesis, Shendi University, College of Graduate Studies, Sudan, 2021.

Nour al-Huda Bouaisha, Liability for Medical Error, Master's Thesis, Arab Ben M'hidi University, Faculty of Law and Political Science, Algeria, 2014.

Third - Research and Articles

Ahmed Abdel-Hakim Shihab, Basma Youssef Haniya, Criminal Liability of the Doctor for Medical Error, Al-Mustaqbal Journal for Legal and Political Studies, Volume Five, Issue One, 2021.

Iman Barish, Medical Error Obligating Medical Criminal Liability, Al-Baheth Journal for Academic Studies, Volume Eight, Issue One, 2021.

Walid Muhammad Al-Shahrani, Professional Error and Ordinary Error within the Scope of Medical Liability, Journal of Sharia and Legal Sciences, University of Al-Marqab, Faculty of Law, Al-Khums, Libya, Issue Two, 2021.

Fourth - Laws

Health Law No. (106) of 1973.

Law No. (17) regarding medical liability for the year 1986.