Criminal responsibility for the doctor and his assistants for the intensive care operations

  • Prof. Ahmed Kilan Abdullah Faculty of Law / Nahrain University
  • Maryam Adnan Fadel Faculty of Law / Nahrain University

Abstract

Considered the ICU sensitive part at the heart of any hospital is possible that reside in It , and in spite of serious cases taking place, which made up the majority of their nomination (b terminally her recovery), but the patients still have the continuity of life their computers (heart and lungs) despite the loss of consciousness to understand the object of criminal     protection against any behavior of trying to violate their right to life.  


Since the medical profession professions granted by the side of the license law, but making them one of the reasons is permitted, which represents a kind of immunity to the doctor about the criminal responsibility of certain limits, and to look at the responsibility of the medical team requires to ask the first two assumptions that the doctor is obliged to exercise due diligence, which in turn the revitalization of the patient, using all means of recovery to achieve the purpose for which these devices allocated on the one hand and the fulfillment of his duties on the other hand, the hypothesis other doctor negligent in performing the usual duties in this area or deliberately so in exceptional circumstances are not conducive with the intended purpose of the use of resuscitation equipment fundamental ways a negative result for the patient of the worsening health crisis or cause of death                 


And be an intensive care unit management in public hospitals by doctors anesthesia jurisdiction and residents either in specialist hospitals as a hospital heart or nervous system is up managed by surgeons nervous system or heart surgeons, and certainly there is a complementary category of work of the role of the doctor, but they are helpers of different vocational list them who they role in providing patients terminally ill treatment, whatever the case; the doctors and their assistants, despite being obliged to do the necessary for the healing of the patient's care and not achieve the result of healing, it is possible that something goes wrong, both located them are intentional or unintentional, and such mistakes intentional incidence murder out of pity or refrain from installing resuscitation equipment or the attack on the dead brain of violating the sanctity of his body in any respect whatsoever, either unintentional mistakes and serious of which is represented by mistake in estimating the error in the treatment or diagnosis of disease, and select it.                                              


The mistakes referred to as a whole as possible to sign one of them by the physician alone, or his aides, or it may be a common mistake among themselves so Artiana addressed the role of the anesthesiologist and doctor resident older and their assistants from the treatment in general and the industrial recovery, in particular, to determine the criminal responsibility towards them stage  .

Published
May 14, 2018
How to Cite
ABDULLAH, Prof. Ahmed Kilan; FADEL, Maryam Adnan. Criminal responsibility for the doctor and his assistants for the intensive care operations. Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 1, n. 4, p. 69-127, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/90>. Date accessed: 27 nov. 2019. doi: http://dx.doi.org/10.25130/rights.v1i4.90.