Distinguishing between joint and several liability in civil liability for medical errors: An analytical reading of Libyan Supreme Court ruling No. 528/65Q

Abstract

In this study, we commented on Civil Appeal No. (528/65Q), where we explained the facts of the judgment and its procedures. Then we addressed the grounds for the appeal and the operative part of the judgment, which stated: “The court ruled that the appeal was inadmissible in form with respect to the first and fourth respondents, and accepted it with respect to the fifth respondent in his capacity. On the merits, the appealed judgment was overturned with respect to the appellant in his capacity. In Appeal No. 83 of 2016, Tarhuna Primary Court, the appealed judgment was overturned insofar as it obligated the aforementioned to pay the amount awarded jointly with the respondent in his capacity, and the lawsuit was deemed inadmissible with respect to him because it was filed against someone without standing. The respondent was ordered to pay the appropriate expenses for both levels of litigation and for the expenses of this appeal.” In this study, we will address the nature of the error that occurred during the consideration of the appeal, and clarify the failure to differentiate between the concepts of “joint liability” and “joint liability” in liability. We will also attempt to show that the incident in the case under appeal is related to a joint liability relationship and not a joint liability relationship as stated in the appealed judgment.