Master theses

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Browsing Master theses by Author "أسامة عرابي سالم"

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    المسؤولية الجزائية عن الخطأ الطبي في التشريع الجزائري
    (المركز الجامعي المقاوم الشيخ أمود بن مختار – إيليزي معهد الحقوق, 2025-06-26) أسامة عرابي سالم; تحت إشراف الدكتور : فاروق عريشة
    Medical responsibility has sparked widespread judicial debate, with an increasing likelihood of medical error due to the evolution of treatments. This study seeks to determine the responsibility of physicians in light of modern medical practices, while analyzing the current Algerian Health Law (18-11), particularly concerning the liability of legal entities for medical crimes. This study employed descriptive and analytical approaches within two chapters. The first chapter addresses the conceptual framework of medical practice and medical responsibility, defining it, outlining its stages, legal bases, and the conditions for the permissibility of medical practice. It then defines medical responsibility and its types (disciplinary, civil, and criminal). The second chapter, on the other hand, examines the provisions of criminal liability for medical error, its elements (fault, harm), the scope of error that entails liability in Algerian legislation, the individuals concerned (physician, medical team, hospital), and the penalties stipulated in the Penal Code and the Health Code. The summary indicates that scientific and technological development poses a challenge to both the patient (risk of error) and the physician (risk of accountability). It emphasizes the importance of scientific and ethical qualifications in the medical profession, the necessity for physicians to adhere to caution and scientific and practical rules, and the need to provide guarantees for patients againstmedical errors to enhance trust in the profession.