المسؤولية المدنية المترتبة عن المرحلة السابقة لإبرام العقد الطبي

Abstract EN

Although the previous negotiation phase of the medical contract is not a prerequisite for the set up and validity of the contract, it is of great legal importance and value.

It is the preliminary stage in which the terms of the medical contract- to be concluded- are examined and discussed between the doctor and his patient, with a view to reach the final medical contract.

Our study aims to shed light on the civil liability resulting from this stage.

Therefore, at this stage, it creates a set of obligations for the two negotiating parties.

When a negotiator breaches these obligations, his civil liability is performed when the elements mistake, damage and causality relation are available.

The civil liability arising from negotiations may be contractual or tort, based on the mistake made by the negotiator at this stage.

This liability entails forcing the negotiator to perform the particular obligation in a compulsory manner.

If it is impossible to do the same performance, The performance is carried out by way of indemnity, that is, in return for a fair and comprehensive sum of money, committed to its negotiated performance which breached its commitment for covering the damage suffered by the other party.