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Towards a Special Compensation System Aligned with the Unique Nature of Civil Liability for Medical Applications of Genetic Engineering

By Yekhlef Abdelkader

Law and World · Vol. 11, No. 34, pp. 38-51 · 2025

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Abstract

Medical civil liability has attracted significant attention from researchers due to the issues it raises, especially those related to the use of modern practical, medical, and biological means in treatment and diagnosis. This study aims to analyze the effectiveness of traditional civil liability rules in compensating for damages resulting from the use of genetic engineering in the medical field, focusing on Algerian and comparative legal systems.

The study finds that the current judicial mechanism of fault-providing compensation is not sufficient now to satisfy the demands of modern medical risks, and therefore, there should be new models of compensation reflecting the peculiar nature of medical liability and reinforcing and supplementing judicial protection of patients harmed by modern medical procedures. In addition, this research takes into account future ethical challenges in genetic use and addresses alternative models of compensation being proposed in other jurisdictions. The study points towards the need for urgent legislative reform that balances.

Details

Publication type
Journal article
Author
  • Yekhlef Abdelkader - Ph.D., Associate Professor of Law and Political Sciences, Ammar Telidji University of Laghouat, Algeria
Journal
Law and World
Publication
June 30, 2025
Volume
11
Issue
34
Pages
38-51
Language
English
DOI
10.36475/11.2.4
ISSN
2346-7916
Institutions
Amar Telidji University of Laghouat
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Compensation system medical liability civil liability genetic engineering

Cite this record

Abdelkader, Y. (2025). Towards a Special Compensation System Aligned with the Unique Nature of Civil Liability for Medical Applications of Genetic Engineering. Law and World, 11(34), 38-51. https://doi.org/10.36475/11.2.4
Abdelkader, Yekhlef. "Towards a Special Compensation System Aligned with the Unique Nature of Civil Liability for Medical Applications of Genetic Engineering." Law and World 11, no. 34 (2025): 38-51. https://doi.org/10.36475/11.2.4.
@article{abdelkader2025_68bjxs,
  title     = {Towards a Special Compensation System Aligned with the Unique Nature of Civil Liability for Medical Applications of Genetic Engineering},
  author    = {Abdelkader, Yekhlef},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {34},
  pages     = {38--51},
  doi       = {10.36475/11.2.4},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/785},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Abdelkader, Yekhlef
TI  - Towards a Special Compensation System Aligned with the Unique Nature of Civil Liability for Medical Applications of Genetic Engineering
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 34
SN  - 2346-7916
DO  - 10.36475/11.2.4
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/785
AB  - Medical civil liability has attracted significant attention from researchers due to the issues it raises, especially those related to the use of modern practical, medical, and biological means in treatment and diagnosis. This study aims to analyze the effectiveness of traditional civil liability rules in compensating for damages resulting from the use of genetic engineering in the medical field, focusing on Algerian and comparative legal systems. The study finds that the current judicial mechanism of fault-providing compensation is not sufficient now to satisfy the demands of modern medical risks, and therefore, there should be new models of compensation reflecting the peculiar nature of medical liability and reinforcing and supplementing judicial protection of patients harmed by modern medical procedures. In addition, this research takes into account future ethical challenges in genetic use and addresses alternative models of compensation being proposed in other jurisdictions. The study points towards the need for urgent legislative reform that balances.
KW  - Compensation system
KW  - medical liability
KW  - civil liability
KW  - genetic engineering
KW  - საკომპენსაციო სისტემა
KW  - სამედიცინო პასუხისმგებლობა
KW  - სამოქალაქო პასუხისმგებლობა
KW  - გენეტიკური ინჟინერია
SP  - 38
EP  - 51
ER  -
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