Medical Error from the Perspective of the Iraqi Penal Code

An Analytical Jurisprudential Study

Abstract

This study in a scientific way, according to an analytical method, and under the title (Ruling on Medical Errors from the Perspective of Islamic Jurisprudence - An Analytical Study) sheds light on an important issue in our contemporary reality, where in the shade of the sources of Islamic jurisprudence and by making use of the total output of Muslim scholars in past centuries and the modern era, It discusses the issue of the doctor’s responsibility towards medical errors that occur during medical operations and treatments, as we see at the present time that medical operations increase day by day, and in many times serious errors occur that affect a person’s life in a large or small scale, and this study emerged after the investigation he conducted The researcher indicates that medical errors are diversified into two types: one type in which the doctor does not guarantee him, while another type the doctor is guarantor, and the second case does not have one level, but changes according to the case and the error that occurs, all of which is due to the doctor’s commitment or non-compliance with the standards Which scientists put for doctors to take into account in their work.