النظام القانوني للمؤسسة االاستشفائية الخاصة في الجزائر

Abstract

This study examined the legal framework governing private hospital institutions in Algeria under the new Health Law 18-11, aiming to highlight how the legislator has regulated this vital sector. The significance of this research lies in addressing a legal entity with a dual nature: it is an investment project seeking profit and subject to commercial law, while also functioning as a healthcare facility providing a public service under strict supervision by the Ministry of Health. The study reached a set of key conclusions, most notably that the Algerian legislator has shifted the private institution from a "complementary" role to that of a "strategic partner" within the healthcare system, subjecting its establishment to a system of "prior authorization" to ensure compliance with technical and medical standards. The legal liability system for these institutions was also analyzed, establishing their civil liability for medical and administrative errors, alongside mandatory insurance to guarantee patients' rights. The study recommended simplifying administrative procedures to encourage health investment in underserved areas, and activating agreements with social security funds to reduce pressure on public hospitals. The success of this legal framework depends on achieving a genuine balance between protecting the right to health as a constitutional right and encouraging private investment, thereby ensuring the quality of medical care away from purely commercial logic.