LEGAL LIABILITY RESULTING FROM MEDICAL ERRORS IN HUMAN ORGAN TRANSPLANTATION
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Abstract
The legal protection that the legislator has approved for the human body from all harm that may befall it is necessary to ensure that its physical safety is not exposed to any kind of harm, but this may be necessary in order to save the life of a patient from death or to achieve happiness for humans by eliminating the disease and controlling it, then it becomes justified by allowing the transfer of human organs between the living or even between the dead and the living, but this will not be done with complete freedom, as the legislator has worked to restrict this transfer process to a set of strict legal conditions, whether it is related to the body of the recipient patient or the body of the third party donor, and made the breach of them inevitably lead to the establishment of legal responsibility that falls on the doctor in charge of the operations of transferring and transplanting human organs on the one hand, or that this responsibility falls even on the hospital as a public facility through which these operations are carried out on the other hand, and this is in addition to criminal prosecution in the event that the matter requires it.
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References
First - Legal texts:
- Law No. 18-11 issued on: 02-07-2018, relating to health, Official Gazette No. 46, issued on: 29-07-2018.
- Order 66-156 issued on 08-06-1966 including the Penal Code, Official Gazette No. 49, issued on: 11-06-1966, amended and supplemented.
- Decision of the Supreme Court - Misdemeanors and Violations Chamber on: 30-05-1995 File No. 118720 - No. 2 of 1996.
Second - Books:
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- Taha Abdel Mawla Ibrahim, Problems of Compensating for Bodily Injuries in Civil Law in Light of Jurisprudence and Judiciary, 1st ed., Dar Al Fikr Wal Qanun, Mansoura, 2000, Egypt.
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- Ahmed Abdel Daim, Human Body Organs in Legal Transactions, Al Halabi Legal Publications, 199, Lebanon.
- Yasser Hussein Bahnas, Human Organ Transplantation between Criminalization and Permissibility - A Comparative Study - Between Sharia and Law, Arab Studies Center for Publishing and Distribution, 2012, Egypt.
Third – Articles:
- Omar Sidi, Criminal Liability of the Doctor for Disclosing Medical Secrets, Al-Ijtihad Journal of Legal and Economic Studies, Volume 09, Issue: 03, Year 2020.
- Saidan Asmaa, The Position of the Algerian Legislator on the Operations of Transferring and Transplanting Human Organs, Algerian Journal of Legal, Economic and Political Sciences, Volume 48, Issue 04, Year 2011.
- Boujemaa Chahrazad, Consent in the Operations of Transferring and Transplanting Human Organs According to Algerian Legislation, Journal of Legal and Social Sciences, Issue 1, Volume 9, March 2024.