عقد التأمين من المسؤولية المدنية الطبية.

Abstract

Medical civil liability is considered one of the most important topics that researchers are concerned with in the legal field at present, because it is related to the physical integrity of the human being, which is enshrined by most constitutions and laws, and also by the recent development of the medical profession and medical errors. The medical liability insurance system was created in order to achieve balance by ensuring protection for both the doctor and the patient, by means of this contract, through which the insurer guarantees the insured the financial implications of the civil liability that may be incurred. It guarantees the civil liability of the doctor as a result of the injury to the patient, because of an error on the former’s part. For these reasons, the Algerian legislator required all medical personnel under the provisions of articles 166, 167 of the Insurance Law to subscribe under this type of insurance. However, the contract of medical liability is not sufficient to ensure the physical safety and compensation of the patient on the one hand, and for the doctor to practice his profession safely away from fear of responsibility on the other, because of many reasons such as the difficulty of proving medical error, the application of the general rules of responsibility to determine the basis of responsibility and appreciation Compensation instead of a law on civil medical liability developed by the French legislator, in addition to the insurance contract, the French legislation has created for medical accident compensation funds as a complement to the insurance system in the case of the insolvency of the responsible for the damage or his non-subscription to the insurance contract.