الطبيعة القانونية للمسؤولية الطبية

الملخص EN

The legal nature of the medical liability sparked a jurisprudential controversy that had an impact on the judicial ruling on the necessity of determining it in light of the dual division of the tort or contractual civil liability because of the importance that this represent to the litigants, so this study came to discuss the legal adaptation of th is responsibility within the framework of the Algerian legislation and judiciary, Where a descriptive and analytical approach was adopted, the study was divided into two topics, the first included the different jurisprudentail trends on the issue with an explanation of the direction of the Algerian judiciary, while the second was devoted to presenting the realness of the new vision of the nature of medical responsibility and the position of the legislator, so that the study concluded in the end to devote the orientation towards a specail system Medical liability without distinction whether it is negligent or contractual.