فكرة التوازن القانوني بين الحق في إجراء التجارب الطبية على جسم الإنسان والحق في التعويض

Abstract EN

Medical experiments on the human body, whether they are therapeutic aimed at reaching a treatment for the patient, or non-curative aimed at reaching new medical knowledge; are medical interventions that impose themselves as reality, despite their seriousness, they contribute to the continuous development of medical sciences and treatment methods to confront the emerging diseases, as it is a way for physicians to find a successful treatment for new diseases.

Altho, the right of a physician to conduct medical experiments on the human body does not exempt him from civil liability if he inflicts damage on the person subject to them, which obliges him to compensate the injured person with a view to repair the damage caused by the experiment.

however, in order to provide the greatest protection to persons subjected to such tests.

the traditional concept of wrongdoing as the basis for civil liability has been transformed, and a new basis has been sought to guarantee the right to indemnity to those physically injured by the imposition of the civil liability insurance system for medical experiments.

as well as the introduction by the legislator of the guarantee funds, and the introduction of the state automatic indemnity system for physical injuries.