THE ROLE OF MEDICAL EXPERTISE IN ASSESSING MEDICAL ERRORS AND IMPROVING HEALTHCARE QUALITY

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BENAICHA BAGHDAD, DOCTOR SOHBI MOHAMED AMINE

Abstract

Once the expert has completed his task and submitted the medical report to the court clerk, if the report complies with all legal procedures, the judge is free to accept or reject it. However, the expert's report can point the way for the judiciary to make decisions based on scientific and medical evidence, clarifying the responsibility of the party causing the harm, whether it is a doctor or another party, in relation to all the opponents in the case, and serving as evidence among the evidence presented.


The report has the force of an official document; therefore, it is not permissible to refute what the expert has established, except by allegation of falsification, since the expert has carried out the examination or witnessed the events within the framework of his mandate. Therefore, the expert report carries considerable weight, making it a strong piece of evidence in establishing the medical liability of the doctor.

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References

As’ad Obeid Al-Jumaily, Errors in Civil Medical Liability: A Comparative Study, Dar Al-Thaqafa, Jordan, 2nd edition, 2011.

Karam Baghashi, Judicial Expertise in Civil Matters, Diwan Al-Matbu’at Al-Jami’iyya, 2009.

Ali Issam Ghosn, Medical Malpractice, Master’s Thesis in Law - First Edition 2006 - Zain Legal Publications, Beirut, Lebanon.

Mohamed Rais, Civil Liability of Doctors in the Light of Algerian Law, Dar Houma for Printing, Publishing and Distribution - Legal deposit: 2007/1911.

Reda Jadawi, supervised by Mohamed Slim Al-Wurailki, Judicial expertise in the light of Moroccan law, research for the bachelor’s degree in private law, Hassan II University, Faculty of Legal, Economic and Social Sciences, 2004.

Safwan Mohamed Shadifat, Criminal liability for medical acts: A Comparative Study, Doctoral Thesis in Criminal Law, Academic Year 2008-2009, Cairo University, Egypt, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 1st edition, 2011.

Law 09/08: Code of Civil and Administrative Procedure.

Moroccan Civil Code.

Mohamed Kashbour, Judicial expertise in civil procedure: A comparative study, Casablanca, Al-Najah Al-Jadida Press, 2000.

Mohamed Rais, Scope and provisions of civil liability of doctors and its proof, Dar Houma for printing, publishing and distribution, Algeria, 2005.