الخطأ الموجب للمسؤولية الجنائية الطبية

الملخص EN

The medical profession is one of most major professions; it is based on the relationship between the doctor and the patient, in which solicitude is the main core, and the doctor making every possible effort to help the patient by providing the best treatment.

This happens after many conditions are available allowing the performance of medical work in its various fields.

There are some cases in which the doctor makes mistakes that result in harm to the patient and this is where the doctor's criminal responsibility lies on in an unintentional crime.

The difference here between a doctor's intentional crime and a medical error of his is the direction of his will and his intention aiming to achieve a harmful result for the patient.

Moreover, the latter who was subjected to a medical error that resulted in harm has to prove the existence of a legal link between the error and the damage, so that the doctor's criminal responsibility is established, and he can file a public lawsuit whose legal basis adopted by the Algerian legislator is based on the error.