Abstract

Objectives: The study aims to analyze the complex legal nature of the forensic physician's work and to clarify the impact of this legal characterization on determining the basis of civil liability. This is of particular importance for establishing clear rules that ensure the protection of the rights of those harmed by forensic medical errors, while simultaneously safeguarding the independence and impartiality of this important judicial institution. Methods: The study adopted an analytical methodology of the relevant legal texts, structured into two main sections covering the legal framework and the implications of the pathologist's civil liability. Results: The study reached a number of key conclusions, the most significant of which is that the basis for the forensic pathologist's civil liability is tort liability stemming from a grave professional error, and not any trivial error. This necessitates the injured party proving a clear deviation from the established scientific principles of forensic medicine. Conclusions: The most important recommendation was to call upon the Jordanian legislator to explicitly stipulate special procedural rules for forensic medical expertise within the Code of Criminal Procedure, aiming to unify judicial procedures and ensure the accuracy and probative value of technical reports, instead of relying on the general rules of expertise, which may not align with the specificity of forensic work.