المسؤولية المدنية عن الممارسات الطبية الماسة بالجنين: دراسة مقارنة

الملخص EN

The Doctors are subjected the provisions of civil responsibility, as they are obliged to compensate for fetal malpractice in pregnancy.

This study aims to reveal the adequacy of the traditional rules of civil responsibility – in the Algerian law– in ensuring legal protection for the affected children, and management of the associated complications that affects the child and his parents.

This study concluded that the traditional rules are incompatible and inadequate, which requires the intervention of the Algerian legislator as well amendment of the legislative texts to ensure adequate protection for the fetus.

This is done by recognition of the legal personality of the fetus since pregnancy and his rights to get a compensation for the damages affect him due to medical malpractice during, pregnancy, or by creation of a guarantee fund based on the principle of social solidarity exactly like the legislation of other countries.