تراجع فكرة الخطا الطبي في القانون المدني المقارن

This study deals with the concept of error, its types and criteria, the assignment of the idea of ​​error to the civil responsibility of the physician, and legal developments that made this idea recede or be limited to showing alternatives to it. appear in the form of legal theories; Such as the theory of liability or risk bearing, the theory of guarantee, and many jurisprudence, and even various legislations in the field of civil liability of the physician. an‎d then arriving at weights that make the idea of ​​harm complementary to the idea of ​​error, which is indispensable in the field of tortious responsibility for personal action, and in the field of contractual responsibility in the circle of commitment to pay attention. Accordingly, he concludes that the jurisprudence of modern civil law meets Islamic jurisprudence, which prevails over the idea of ​​harm in the field of security.