The Nature of Medical Liability in Libyan Law

The medical profession is one of the oldest and most noble vocations known to humanity. It is also among the most critical, given its direct connection to human life and physical well-being. Beyond its practical role, medicine is a core objective of Islamic law and a foundational pillar of modern legal systems. The physician is not merely a practitioner, but a central figure in an integrated process aimed at preserving life and safeguarding human dignity. Health is a blessing whose value is truly appreciated only by those who have endured the pain and burdens of illness. By divine mercy, there have always been individuals in every time and place who are guided to discover remedies that lead to healing. The Libyan legislator made a commendable step by enacting Law No. 17 of 1986 concerning medical liability. This law represents a focused legal framework addressing a specific category—medical and allied health professions. In Libya, medical liability is considered contractual in nature when a valid agreement exists between the patient and physician, fulfilling all legal conditions and elements. In the absence of such a contractual relationship, liability assumes a tort-based nature. Thus, medical liability in Libya is dual in character.