Civil liability of midwives as a result of their professional activity (a comparative study)

Abstract

The midwife assumes a number of vital tasks and duties that lead to the provision of comprehensive health care for women who seek her services. These duties include conducting routine examinations on women, providing psychological support to the pregnant mother, performing simple paramedical procedures, contributing to educating pregnant women about the need for constant health monitoring and ways to care for their health and their fetuses, adhering to the highest standards of midwifery ethics, fully respecting the privacy of women, providing health data in an understandable and simplified manner, and should be aware of the latest developments in the scope of her profession and keen to develop her profession. The midwife is civilly liable for all damages that may be inflicted on women as a result of her negligence or failure to perform her duties. Whether these damages are caused by direct fault or by failure to provide the necessary care. The midwife has a special relationship with the woman who needs her help during pregnancy and childbirth. Determining the pattern of civil liability of a midwife is a delicate legal issue that requires a wise and detailed study of each individual case. In general, it can be said that the midwife's liability is both contractual and tort liability in Iraqi and Iranian legislation, and the courts should balance the interest of pregnant women in receiving fair compensation and the midwife's interest in protection from malicious litigation and malicious claims. Generally speaking, it can be argued that the midwife's obligation of care is a duty of care, not an obligation to achieve a particular end. This is the most correct statement due to the nature of the midwifery profession and the factors that affect the final outcome. However, there are some exceptions that may make a qualified midwife obligated to achieve a particular outcome. The burden of proof in the matter of civil liability is a delicate matter. The burden of proof falls on the beneficiary of the midwife's services, with the exception of the existence of a contract that obligates the midwife to achieve a certain outcome. Through this research, we sought to clarify the judgment of the Iraqi and Iranian legislators on the civil liability of the midwife, relying on the descriptive, analytical and comparative approach, and the most prominent finding of the research is that the origin of the midwife's obligation is an obligation to exert the care of the usual person, and an exception is her obligation to achieve a certain result. The midwife assumes a number of vital tasks and duties that lead to the provision of comprehensive health care for women who seek her services, and these duties include conducting routine examinations on women, providing psychological support to the expectant mother, performing simple semi-medical procedures, contributing to educating pregnant women about the need for constant health monitoring and ways to care for their health and their fetuses, adhering to the highest standards of midwifery ethics, fully respecting the privacy of women, presenting health data in an understandable and simplified manner, and she should be informed of the latest developments in the scope of her profession and keen to develop her profession. The midwife is civilly liable for all damages that may be inflicted on women as a result of her negligence or failure to perform her duties. Whether these damages are caused by direct fault or by failure to provide the necessary care. The midwife has a special relationship with the woman who needs her help during pregnancy and childbirth. Determining the pattern of civil liability of a midwife is a delicate legal issue that requires a wise and detailed study of each individual case. In general, it can be said that the midwife's liability is both contractual and tort liability in Iraqi and Iranian legislation, and the courts should balance the interest of pregnant women in obtaining fair compensation and the midwife's interest in protection from malicious litigation and malicious suits. Generally speaking, it can be argued that the midwife's obligation of care is a duty of care, not an obligation to achieve a particular end. This is the most correct statement due to the nature of the midwifery profession and the factors that affect the final outcome. However, there are some exceptions that may make a qualified midwife obligated to achieve a particular outcome. The burden of proof in the matter of civil liability is a delicate matter. The burden of proof falls on the beneficiary of the midwife's services, with the exception of the existence of a contract that obligates the midwife to achieve a certain outcome. Through this research, we sought to clarify the judgment of the Iraqi and Iranian legislators on the civil liability of the midwife, relying on the descriptive, analytical and comparative approach, and the most prominent finding of the research is that the origin of the midwife's obligation is an obligation to exert the usual care of the usual person, and an exception is her obligation to achieve a certain result.