The Legal Nature of Medical Liability in Libyan Legislation: An Analytical Study of Contractual and Tort Liability

Abstract

This research examines the legal nature of medical liability within the framework of Libyan legislation, specifically Law No. 17 of 1986. The study addresses the ongoing jurisprudential and judicial debate regarding whether a physician's liability is contractual or tortious in nature. It explores the foundational principles of contractual medical liability, which arise from the breach of a valid medical contract between the physician and the patient, emphasizing the doctor's obligation to provide diligent care according to established professional standards. Furthermore, the research analyzes the dimensions of tort liability that emerge in the absence of a contractual relationship, such as emergency interventions or public hospital settings, extending this liability to include damages caused to both the patient and third parties (reflexive damage). The study concludes that while the Libyan legislator has attempted to regulate these aspects, there is an urgent need for legislative revision to address emerging medical specialties and provide more precise definitions of professional medical errors to ensure a balance between patient protection and medical practitioners' professional freedom.