SHORTCOMINGS IN MEDICAL CIVIL LIABILITY IN JORDAN AND THE ROLE OF PUBLIC ADMINISTRATION IN ADDRESSING THEM

Abstract

Medical civil liability is one of the most significant legal issues reflecting the balance between patients’ rights and physicians’ professional duties. It also serves as a key indicator of the effectiveness of healthcare and judicial systems in protecting society. The Jordanian legal system faces several shortcomings in this field, most notably the absence of a clear legal definition of the nature of physicians’ civil liability, the insufficient recognition of psychological and moral harm suffered by patients, the weakness of professional medical insurance systems, and the lack of effective administrative and technical oversight of medical practices. This study aims to analyze these shortcomings while highlighting the role of public administration in the healthcare sector in addressing them. It focuses on strengthening preventive measures, establishing specialized technical committees, supporting continuous training and professional development programs for physicians and healthcare workers, and developing comprehensive legal frameworks regulating medical civil liability. The study adopts a descriptive–analytical approach to examine Jordanian legislation related to medical civil liability and to assess its impact on enhancing medical safety. The findings indicate those weak legal provisions, inadequate administrative oversight, and the absence of mandatory professional medical insurance increase the likelihood of medical errors and limit patients’ ability to claim their legal rights. Accordingly, the study recommends enacting clear legal provisions defining physicians’ civil liability, imposing mandatory professional medical insurance, strengthening administrative and technical supervision, and establishing specialized advisory committees to support the judiciary in medical cases. These measures are expected to contribute to reducing medical errors and achieving justice for affected patients.