مجلة الدراسات القانونية والاقتصادية
Volume 8, Numéro 1, Pages 775-788
2025-06-01

Legal Liability For Medical Errors In Artificial Insemination: A Legal Study In Light Of Algerian Legislation

Authors : Guedouari Fatma Zohra . Noui Ahmed .

Abstract

In vitro fertilization (IVF) represents one of the most significant advancements in modern medicine, providing essential support to couples facing fertility challenges. However, despite its benefits, this technique entails substantial legal and medical risks, particularly in cases of medical errors during its execution. Such errors may result in severe physical or psychological harm to the mother or fetus. In this context, a crucial question arises regarding the extent of medical liability for these errors and whether the compensation mechanisms under Algerian legislation are adequate to safeguard patients' rights and ensure justice. The significance of this topic lies in its examination of a complex legal issue related to medical liability in one of the most sensitive fields of medicine—IVF. Furthermore, it highlights the adequacy of Algerian legislation in providing legal protection for affected individuals and ensuring fair compensation, especially in light of medical advancements and comparative legislative developments that increasingly advocate for stricter liability measures to protect patients.

Keywords

Medical liability ; in vitro fertilization (IVF) ; medical error ; compensation ; burden of proof ; affected individuals