الخطأ الطبي في إطار المسؤولية المدنية

Résumé: The medical error in civil responsibility: It has always been considered that fault is the basis of civil responsibility in general and the foundation of medical responsibility in particular, the latter has varied its forms and images according to the diversity of modes and methods of treatment, it was necessary to demonstrate the medical error of the medical responsibility, where jurisprudence and legal legislation had to abandon several traditional rules in the field of medical liability, it waives medical responsibility based on the serious mistake of being content with error regardless of its degree and expand in the area of evidence of prejudice to the conviction of the idea of a missed opportunity and the harm considered and liability when the responsibility has become error-free find a place fertile field in particular, knowing that medical evidence is difficult to obtain, all of these efforts led to the search for mechanisms to help in the indemnity of the damage caused by a medical error, which was the Algerian legislator in the law 18-11 on health by the obligation of compulsory medical responsibility insurance.

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