Death by negligence

Alternative punishment for negligence of medical staff leading to the death of the patient

Introduction: In case of negligence of the medical staff leading to the death of the patient, the offender may be sentenced to imprisonment in addition to paying wergild to the parents of the deceased. However, for the medical staff, being sentenced to imprisonment due to their high social status in the country, in addition to entering and damaging the community's therapeutic community, may hav...

Professional Negligence

Intoxication, Recklessness and Negligence

According to what is here called the “Intoxication Recklessness Principle,” a defendant who, thanks to voluntary intoxication, is unaware of a condition of which a reasonable person would have been aware is to be treated as though he were reckless with respect to that condition, rather than negligent. And, according to what is here called the “Intoxication Negligence Principle,” a defendant who...

Minimizing medical negligence.

The ophthalmologists together with all other health care providers are today under greater scrutiny than before as the public we serve is more literate, more educated and has easy access to infinite online information. In other words, the public is more aware of possible medical negligence. The days are gone when the doctor was considered next to the Supreme Being. In spite of super specializat...

Malice/gross negligence.

I n health care liability claims, claimants often plead for recovery of exemplary/punitive damages from the defendant health care providers. These allegations often cause anxiety for the defendants, because invariably their professional liability insurance carrier sends them a letter stating that such claims—as well as any damages that may be awarded to compensate the claimant for such claims—a...