Abstract:
The humanitarian duty is the core of medical professions, if not its pillar, where the
doctor is committed to respecting the patient and his dignity, and to refrain from all actions
contrary to his moral obligations. This research explores a controversial topic which focuses
on medical faults from a moral and professional perspective employing the framework of a
comparative analytical study.
The study aims to study these faults using three countries as case studies, namely Algerian,
Emirati and French legislations, revealing their coverage of all ethical faults and regulating
their liability provisions. The research is divided into two parts. The first part analyses the
faults related to the humanitarian consideration of the patient and the lack of respect for his
dignity, while the second part is devoted to faults resulting from the breach of ethical rules of
the medical profession. The research reaches a number of conclusions and recommendations
that all lead to the fact that the dignity of the patient and the observance of his humanity must
remain paramount among medical practitioners. In addition, all the ethical and professional
faults of doctors are impossible to list because of scientific progress. The study also concludes
that the three compared legislations are different in organizing and responding to these faults.
As well as the failure of the Algerian and UAE legislations to formulate clear legal texts
on these faults and their consequent damages, in addition to the nature and basis of the
existing responsibility. Based on the analysis ans findings, the research recommend that the
respective countries should adopt a comprehensive legal system.