Judicial judgment — Court of Cassation – Civil
Elements of a Doctor’s Medical Liability
Decision reference: Court of Cassation Civil Decision No. 1202/2016.
Medical liability is based on reasonable professional care and the absence of negligence, not on guaranteeing a cure or achieving a particular result. Its elements are medical error, damage, and causation. The standard is the conduct of an average doctor of the same level in the same external circumstances, and proof generally requires expert evidence.
Compensation and insurance
Judicial judgment — Court of Cassation – Civil
Updated: 22 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
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Medical liability is based on reasonable professional care and the absence of negligence, not on guaranteeing a cure or achieving a particular result. Its elements are medical error, damage, and causation. The standard is the conduct of an average doctor of the same level in the same external circumstances, and proof generally requires expert evidence.
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How is a doctor’s medical liability determined?
Extracted principle
Medical liability is based on reasonable professional care and the absence of negligence, not on guaranteeing a cure or achieving a particular result. Its elements are medical error, damage, and causation. The standard is the conduct of an average doctor of the same level in the same external circumstances, and proof generally requires expert evidence.
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