Administrative Liability for Medical Errors (An Analytical Study)

Abstract

With the expansion of states and the advancements in technology, along with the rise of specialization in all fields, states have begun to intervene in all activities and specializations of individuals. They have even gone so far as to regulate these fields through legislation and the issuance of directives, thus becoming the planners and organizers of these activities. One of the most prominent fields is medicine. States now define who qualifies as a doctor, who constitutes the medical staff, and what constitutes a public or private medical facility. Given the importance of this field and its direct impact on people's right to a healthy life and bodily integrity, as well as its role in combating diseases and protecting one of the most important elements of public order—namely, public health—administrative liability for medical errors is a legal issue of paramount importance. This is because it directly affects fundamental human rights, foremost among them the right to life and bodily integrity. With the development of medical science and the increasing involvement of healthcare facilities in various aspects of individuals' lives, the need has arisen for precise legal regulation that defines the limits of liability for errors that may occur during medical practice and clarifies the basis for holding both the doctor and the medical facility accountable.

This study employs an analytical approach as its primary methodology, analyzing relevant legal texts, particularly provisions of the Iraqi Civil Code, to establish the legal basis for administrative liability for medical malpractice and to deduce the rules governing its conditions, nature, and consequences. A descriptive approach is also utilized to present key concepts such as legal liability, medical malpractice, and medical facilities, and to clarify the theoretical framework underpinning the study.