Directing the Idea of Insurance for the Damages from Treatment in the Medical field: A Comparative Study
Dr. Benseghir Mourad
College of Law and Political Sciences
University of AbouBekr Belkaid – Tlemcen – Algeria
Abstract:
As a result of the continuous increase in medical accidents resulting from the rapid development in the medical field, caused by the development of scientific theories and the advancement of treatment methods, as well as the advancement of scientific technology and the development of complex treatment methods, and the increasing use of various advanced medical devices and tools, which is often associated by risks and damages that are mostly paid for by the patient. Based on this, there was a search for a legal mechanism to achieve the required protection of the patient, and rebalancing the relationship between the doctor and the patient and monitoring it by legal rules on realistic and practical priorities and this has become a top priority. As most of the modern legislations have tended to oblige doctors to ensure their medical interventions in order to ensure greater protection for patients to guarantee that they can do their work in confidence and security away from the threat of the heavy responsibility. This is also to encourage doctors more and motivate them to exert more effort and innovate scientifically and not to limit their abilities or put more restrictions on them. This does not seem easy, given the exceptional and special legal nature of both medical liability and the associated insurance system.
This research aims to show the extent of the adequacy of insurance to ensure greater protection for the affected and the preservation of their rights, in both the personal and substantive civil medical liability systems, and the need to re-arrange and draft legal texts related to medical responsibility to care for the patient and affected in the Algerian and Emirati legislation. It also aims at highlighting the effective role of other complementary systems such as the Aqil system or compensation funds for victims of medical accidents and injuries through a comparative critical analytical study.
Keywords: doctor, patient, civil liability, aqil (blood relatives male), medical accidents.