English abstract
Nursing is a human, moral and scientific profession. A number of relationships are established in nursing profession, where the nurse establishes relationships with the hospital, doctor and patients. Nursing involves providing the best possible care to patients.
This study aims at highlighting the civil liability of the nurse, and the mistakes committed for not taking into consideration the scientific and technical aspects in performing their work. The research discussed a number of points, the most important was civil liability for nurses (contractual or tort liability), and that the nature of their commitment is determined depending on the nature of the work either providing care or achieving results. The research also highlighted the pillars of civil liability for nurses which is manifested in mistakes, and damages and causal relationships, showing that the standard of error committed by the nurse is determined by the deviation of the nurse behavior from the norm. The study also discussed provisions of the presumed responsibility of the nurse as the custodian the objects used in carrying out his duties. It also shed light on cases where others are responsible of mistakes committed by the nurse (Hospital or Doctor).
Some of the outcomes of the research are:
1. The civil liability of the nurse (contractual and tort) is subject to the general rules of civil liabilities.
2. The mistake of the nurse is measured based on a standard person, one with the same major, conditions and abilities.
3. Duties performed by nurses vary between physical works, which are not related to technical aspects of the job but they do occur and the nurse is asked about them. Other works are classified as technical works which are perforined by the nurse in accordance with the established principals of nursing. Failure to comply with these principals is considered an unforgivable mistake.
4. Mistakes of a nurse are manifested in non-implementation with the ability to do so and having and the absence of foreign cause, sluggishness in performance, defective implementation, or partial implementation of obligations.
5. A nurse is liable based on a presumed mistake, when others, whom the nurse is taking care of, are affected, or because of tools used in his duty. Others (Hospital or Doctor) liabilities, due to harmful actions by the nurse, are realized. Therefore, the victim has the right to refer to the dependent or the follower, or both of them together.
