Acceptance of Risk in Medical Matters as a Means of Paying Civil Liability

Abstract

The study aimed to clarify the legal conditions for the idea of accepting medical risk and to clarify the legal and legal position of accepting medical risk with the intention of treatment in therapeutic and non-therapeutic works (cosmetic) and to clarify the impact of acceptance of it on civil liability, and given the multiplicity of research methods and for the purpose of answering all the questions related to the subject of our research, we followed In our research, the analytical and comparative approach of jurisprudence opinions and judicial rulings in both Islamic jurisprudence and Jordanian civil law, to come up with legal rules that can be applied to practical reality. Based on the foregoing, the researcher reached a set of results, the most important of which is that acceptance of a medical risk requires an acceptance issued by the patient to undertake medical work. It is appropriate to do so, and the most important thing recommended by the Jordanian legislator is the necessity of the Jordanian legislator issuing a law or medical system for cosmetic operations, both types of treatment and improvement, stating their terms and provisions, and considering the acceptance of the risk as one of the means of paying the responsibility for the treating physician.