مجلة القانون والمجتمع
Volume 14, Numéro 1, Pages 269-292
2026-06-01
Loss Of Life Expectancy Damage In Organ Transplantation: Reconsidering Its Legal Classification In Civil Medical Liability – A Comparative Study–
Authors : Smail Asma . Akaka Fatima Zohra .
Abstract
Rapid scientific advances in organ transplantation have necessitated a re-examination of traditional medical liability concepts within both the Anglo-American and Latin systems. This study identifies "loss of life expectancy" as a unique, independent harm that traditional legal classifications fail to accommodate. Consequently, it is essential to analyze the substance of the right to the integrity of life to establish robust legal protections against evolving risks. By distinguishing this right from similar concepts and exploring its intricate relationship with the right to bodily integrity, the legal framework can more accurately define infringements occurring during the transplantation process. This conceptual clarity is vital for determining legally fair compensation and ensuring that such injuries are properly integrated into the established system of compensable damages under medical civil liability. Ultimately, modernizing these frameworks ensures that the law keeps pace with medical progress while safeguarding the fundamental right to life.
Keywords
independent head of damage ; loss of life expectancy; ; Legal adaptation ; Human organ transplantation.
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