مجلة الباحث الاقتصادي - Economics Researcher's Journal -
Volume 11, Numéro 1, Pages 80-89
2024-12-31
The Specifics Of The Element Of Error In The Field Of Civil Liability For Medical Experiments On The Human Body
Authors : Chelbi Nabil . Akroum Adel .
Abstract
Medical experiments differ based on their purpose. If the goal is to treat the patient and alleviate their pain, the experiment is considered therapeutic. However, if the aim is to gain new knowledge without a direct personal benefit to the subject, it is classified as scientific or non-therapeutic experimentation. To be legitimate, human experimentation must adhere to specific conditions and regulations, the most crucial being the subject's free and informed consent, as emphasized in various international conventions and conferences on this matter. As for civil liability stemming from medical experiments on humans, it has unique characteristics that set it apart from general medical liability rules. The nature of the doctor’s obligation varies depending on the type of experiment. In therapeutic experiments, the doctor's duty is one of due care, and liability arises based on presumed fault. In non-therapeutic (scientific) experiments, liability is stricter: the doctor is held responsible for any harm caused, regardless of fault, under the principle of strict liability.
Keywords
civil liability ; experimentation ; medical liability
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