Criminal Liability of the Physician for Medical Errors under Iraqi Law – A Study in Light of the Applications of Criminal Courts

Abstract

This study addresses the issue of medical error from the perspective of the physician’s criminal liability under Iraqi law, in light of the absence of a specific statute regulating medical errors and the judiciary’s reliance on the general provisions of the Penal Code. The research is based on the premise that applying traditional criminal texts to medical acts leads to outcomes that are inconsistent with the nature of medical practice and exposes physicians to criminal accountability that does not adequately consider the technical specificity of the profession. The study aims to analyze the concept of medical error, clarify the legal basis of criminal liability, examine the judicial trends of Iraqi criminal courts, and provide a critical evaluation of these trends. The research adopts analytical, critical, and applied approaches through the examination of legal texts and selected judicial rulings. The study concludes that the current legislative framework is insufficient to accommodate the unique nature of medical error and that there is an urgent need for specific legislative intervention that balances patient protection with the legal security of physicians. The study also briefly highlights the impact of the strict judicial approach on public health criminal policy, as excessive criminalization of medical errors may create a climate of defensive medicine, discourage professional initiative, and negatively affect the quality and availability of healthcare services.