Civil liability for doctor's error according to Libyan legislation

Abstract

This study addressed the issue of civil liability arising from physician error according to Libyan legislation, as it is one of the most important legal issues directly related to the human right to physical integrity, and the resulting mutual obligations and rights between the patient and the physician. It has become established that the medical profession is not based on the physician's obligation to achieve a specific result as a guarantee of recovery Rather, it is based on his commitment to exercising vigilant and sincere care consistent with established scientific principles in his practice of the profession. Therefore, medical error and the resulting harm constitute the basis for civil accountability of the physician. However, the nature of this liability remains a matter of jurisprudential and judicial disagreement between those who consider it a contractual liability, as it is linked to the treatment contract between the patient and the physician, and those who consider it a tort liability in cases where such a contract is not concluded.

The study concluded that a physician's civil liability is based solely on three basic pillars: medical error, which is any breach of professional rules or deviation from established scientific principles; harm, which may be material, such as treatment costs and loss of earning capacity; or moral, such as psychological pain, disability, and physical deformities; and finally, a causal relationship, which requires a direct link between the error committed and the subsequent harm to the patient. The Libyan legislator has adopted a mixed standard for assessing error, combining a personal standard that takes into account the doctor's circumstances and personal capabilities, and an objective standard that measures his behavior according to the doctor's usual behavior, which makes it more appropriate from a practical standpoint.

The study also showed that the effects of civil liability are divided into two main aspects: a disciplinary aspect represented by the penalties that may be imposed by the Doctors Syndicate or the competent health authorities, such as warning, deprivation of practicing the profession, or lowering the job grade, and a compensatory aspect represented by reparation for the harm caused to the patient, whether through compensation in kind whenever possible, or monetary compensation, which constitutes the broadest means in this field. The judiciary is entrusted with the authority to estimate compensation with the assistance of medical expertise, provided that the compensation is equivalent to the damage without excess or negligence.

The study concluded with a set of results, the most prominent of which is that the doctor's civil liability is predominantly contractual in nature, with tort exceptions in the event of the absence of a contract or the doctor's intervention without prior invitation. She also stressed that the element of error alone is not sufficient to establish responsibility, as it must be linked to damage and the causal relationship. Through this, the study recommended the necessity of spreading legal culture among members of society to enable patients to claim their rights, and including the Medical Liability Law in university courses in law colleges, in addition to calling on the Libyan judiciary to adhere to the mixed standard in determining medical error in line with what the legislator has approved.

This study thus constitutes a qualitative addition to the field of medical law, as it establishes an integrated theoretical and practical framework for defining the civil liability of physicians in Libyan legislation, and contributes to strengthening the balance between protecting patient rights and ensuring the practice of the medical profession within a disciplined legal and ethical framework