الإخلال بالالتزام بالإعلام كخطأ في المسئولية الطبية على ضوء قانون الصحة الجديد

Abstract EN

It is certain that the obligation to inform have an important role in all areas of dealing, but this role is more prominent in the field of medical work, because of the connection of this work to the human body, with its sanctity and infallibility, and therefore, his effect of the most important thing that human have his health .

If the doctor is obliged to inform the patient, the failure of this obligation constitutes a medical error, which is what the medical, legislative and judicial developments have gone to.

In the light of the foregoing, we will attempt to highlight several points of this commitment through a legal vision of the various comparative legislations and Islamic legislations with a focus on the position of Algerian law on this commitment to the new Health Law 18-11, These include the concept of doctor's commitment to information, the scope of the physician's obligation to inform, and the burden of proof in case of breach of this obligation.