| المستخلص: |
This study aims at showing the truth behind the criminal responsibility of doctors and modem technology in surgeries. I divided this research into a preface and six sections. In the preface, it is stated that the human body is sacred and no one should abuse it or it will be considered a crime. This is the base. Yet, surgeries are an exception. This is because surgeries are so beneficial in protecting bodies and saving them from damage. Many definitions have been mentioned which definitions show (the criminal responsibility, surgeries and medicine). The mission of the criminal team and the medical workplace conditions in the Saudi system, have also been stated. In the first chapter, I mentioned that surgeries are legitimate (in Qur’an, Sunnah, Majority (Ijma) and Opinion). I also wrote that surgeries are permissible and the conditions for that. In the second chapter, I mentioned why surgeries are permissible in religion and law. In the third chapter, I discussed the medical mistake, its shapes, its damage and nature. In chapter four, I talked about the responsibility of the medical mistake before the surgery. In chapter five, I state the responsibility for the medical mistake during surgeries that occur because of doctors or medical instruments. In conclusion, It’s stated that any surgery; big or small may have mistakes. This happens according to the patients’ health and their illnesses. When questioning the doctor, we should differentiate between the instrumental mistake and the medical mistake and then decide who is responsible for the mistake throughout the whole surgery; whether before or after it. No doctor should be exempted from the responsibility even if it was an instrumental mistake. Anyway, medical operations are like other human activities that have different legitimate views. Sometimes they can be prohibited, permissible or a must.
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