The Conditions of Civil Liability of Physician under Afghan Law

الملخص

One of the fundamental issues in medical law is the civil liability of physicians. Despite physicians’ continuous efforts to comply with scientific and practical standards of treatment, errors or negligence may occasionally occur during the course of medical practice, resulting in material and moral harm to patients. In such cases, compensation is required. This study examines the foundations and conditions of physicians’ civil liability under Afghan law. Article 776 of the Afghan Civil Code establishes liability based on fault and outlines four essential conditions: the existence of a harmful act, fault, damage, and a causal relationship. The primary objectives of this research are to define liability, explore the concept of physicians’ civil liability, analyze the conditions for its realization, and examine its legal foundations in Afghanistan. Employing a descriptive–analytical methodology, data were collected through library-based research. Findings demonstrate that when a physician acts knowingly, cautiously, and in accordance with medical standards, liability does not arise. However, where a causal link exists between a physician’s conduct and the harm inflicted, the physician is held liable and obliged to compensate the patient.