Journal of college of Law for Legal and Political Sciences

Abstract

Abstract
Civil liability to the doctor for medical errors and especially grave, of great importance, despite the omission of lawmakers regulate the provisions relating to medical errors under special legal rules , this study has addressed the issue of civil liability for medical mistakes grave given the need for the process to demonstrate the errors made by physicians and the extent of their liability than in the absence of a competent legal rules and the ambiguity of the concept of medical error and the criteria for determining the concept of medical error parcel in the laws of some countries including Iraq, and tre to determine the legal nature of responsibility doctor of civil law, where explained through our study of the position of the judiciary and jurisprudence in some countries on how to deal with medical error gross in laws issued by cases such as ( France, Iraq, Jordan, Mase, Syria), cam the results of this study are set out medical work standard right of the exercise of medical work in accordance with the stable and consistent rules in the field of medicine and follow these rules and the interest in then , where serious medical error is not limited to only the doctor but it includes the medical staff working with him with independence, each according to medical competence, we must work to compensate for the damage caused by medical errors regardless of the evidence of error or not, through the amendment of legislation relating to the field of medical errors and private civil liability, because the wrong idea of sufficient legal basis for the doctor from his mistakes, while the idea of the damage provided in the laws are not enough for that and need to reconsider and determine responsibility.