The burden of proving a breach of the obligation to inform in the medical contract

Abstract

There is no doubt that proving compliance with the obligation to inform in a medical contract is not an easy matter, for two reasons. The first is the lack of scientific and knowledge parity between the patient and the doctor, and the second is the sensitivity of the subject matter to which this obligation applies, namely medical information. Therefore, jurisprudence and jurisprudence differ in determining who bears the burden of proving compliance with the obligation to inform. Does this burden fall initially on the patient, or does it fall on the doctor as a professional who possesses the information compared to the patient? The aim of this study is to shed light on this topic, which has been the subject of much jurisprudential and judicial debate regarding who bears the burden of proving compliance with the obligation to inform, and to clarify the position of the Algerian legislature on this matter