المسؤولية المدنية للطبيب المتسبب للإعاقة الولادية

Abstract

Civil responsibility is considered to be one of the most delicate scientific
applications of the Civil law rules. It is a preventive side that provides the
legal centers with sufficient protection. Professional responsibility has
occupied an essential axis within the legal provisions of civil responsibility
in general. The most important professional responsibility is that of a doctor,
since it results in obligations ensuing from the performance of his/her job,
particularly when he/she is responsible for the birth of a handicapped child
as a result of medical mistakes committed during pregnancy (the stage of
diagnosis, checking up and guidance) up to his/her birth and all the
consequences resulting from this birth. This means that a doctor is
responsible for compensating for the damage done according to the
traditional rules of Iraqi civil law and its sufficiency to remedy this damage
done to the handicapped child or to his parents in return to a modern
legislation keeping pace with modern laws in this field in order to achieve
the required balance in away that ensures the legal protection of the rights of the injured person and the doctor 's rights that are in line with the nature of
risk that accompanies his job.