Moral and Legal Liability in Medical Malpractice (A contemporary View from the Forensic Medical point of View)

In recent years, the steady increase in civil and criminal cases resulting from medical malpractice, not only in our country, but even in developed countries, attracted my attention. It increased to the extent that it has become discussed, almost daily, in the media, conferences and scientific seminars, locally and globally, in addition to the corridors of the courts. Medical responsibility acquires special importance because the medical profession is considered one of the noblest human professions, and the doctor who promotes it needs a great deal of knowledge, freedom, trust and reassurance. On the other hand, the patient’s life or physical integrity is considered one of the most important values that society seeks to protect and are considered matters of public order. We can point out that, recent scientific discoveries, the tremendous development in medical science, its association with the medical mistakes and the occurrence of harm to the patient as a result of these mistakes, made the person threatened in his health. From this point of view, the countries had to modify laws and legislation to preserve the patient's safety and protect him from violations of health service providers, and their accountability for their medical mistakes committed against the patient. Some countries have formed special courts for medical malpractice cases. Some countries have also moved to the medical insurance system against medical malpractice.