MEDICAL LIABILITY FOR MISSING THE OPPORTUNITY FOR A PATIENT'S RECOVERY OR SURVIVAL IN JORDANIAN LEGISLATION: AN ANALYTICAL LEGAL STUDY

Abstract

The issue of medical responsibility over the failure to provide a patient with a chance at recovery or survival can be considered a very acute legal and ethical matter in the modern healthcare industry. This research paper looks at the Jordanian legal framework on the issue of responsibility of physicians when the medical errors used do not directly lead to harm, but in any case, leaves the patients without a real and legitimate opportunity of recovery or survival. The analysis demonstrates the change in medical practice, which, although providing better care to patients, complicates the treatment processes and the risk of making mistakes. The study addresses the term of missed opportunity as understood in the jurisprudence and judicial theory, which makes the duty of a physician less to ensure certain medical results and more to follow due care and professional diligence. However, it becomes liable in cases where professional obligations, negligence, and omission of precautions that are supposed to be taken have been established. The consideration of damages is especially focused on, especially in the context of probabilities, where it is impossible to directly observe the causation of the harms on the patient by the action of the physician. It is through an analytical and descriptive methodology that this paper will review the pertinent Jordanian laws, such as the legal standards, the terms and conditions of establishing the damages, and judicial interpretations of missed opportunities. Jurisprudence trends are also presented in a way that gives comparative insight to better develop and improve the application of the law. These results highlight the fact that medical liability regarding missed opportunities is acknowledged under Jordanian law, and this has a consequence on civil compensation as well as professional responsibility. The research paper helps to understand the legal duties of physicians, inform policy-making, and practice judicial advice on protecting basic rights of life and health of patients..