المسؤولية الجنائية عن الأخطاء الطبية في التشريع الجزائري

Abstract

Medical error leading to criminal liability is considered one of the most important pillars of medical liability A doctor is held criminally responsible,like any other person,if they commit an error while performing their profession .Medical acts are an exception to the general principle that prohibits violation of the human body. The legislator has addressed these errors by enacting laws in the medical fieled .we have discussed the definition of medical acts, the nature of medical error, and how to prove it.We emphasized , based on the rules of the Penal code and the health code ,that offenses stipulated in these laws are crimes that require that perpetrator to be a doctor or a member of the medical profession .The legistlator has prescribed deterrent penalties for these crimes due to their importance and severity for the beneficiaries of medical work.