التحكيم الطبي في قانون الضمان الاجتماعي الجزائري : دراسة مقارنة مع القانون الفرنسي

الملخص EN

Medical arbitration in the field of social security is generally an Alternative method to resolve social security disputes, in particularly those related to health status of the insured in particular.

In the event of a dispute between the insured person on the one hand and the social security bodies on the other, against medical decision issued by the Fund through a request for a medical arbitration in accordance with the rules and procedures established by Law No.

08 / 08 of 23 February 2008 concerning social security disputes.

It should be noted here that the Algerian legislator has considered the use of medical arbitration as compulsory in all medical decisions for the purpose of settling the dispute amicably and internally within the social security funds.

Before claiming in at the competent judicial authority in all medical decisions of whatever nature except for those related to disability which is subject to special procedures as will be described in this article.

This study aims to focus on the amicable settlement of disputes, and put parties out of court settlements, to reduce the cost and time and avoid complexity in such procedures.

Approach used in this study is based on a bilateral plan, in the first part we consider the medial arbitration procedures, in the Second part we deal with the legal effects resulting from medical arbitration.

Whereas we conclude to the revision of the current law of social security treated above, in order to give more efficiency on procedures used in matter of medical arbitration.