The basis of civil liability of a private hospital for a doctor’s error -A comparative study-

Abstract

Research into medical liability still arouses the interest of researchers and jurists, for several reasons: Among them is the lack of a unified legal organization that regulates medical responsibility, as health legislation in Iraq included separate and general provisions regarding the patient’s relationship with the private hospital, and the increasing number of private hospitals coincided with the hospitals’ need for the presence of specialist doctors, which resulted in a difference in the relationship between the doctor. In the hospital, there is an employee doctor who works there on a regular basis, and there is a non-employee doctor who comes only based on the patient’s desire after prior agreement with him, and there are doctors who are present in the hospital by virtue of the presence of their outpatient clinics there, which results in a difference in the responsibility of the private hospital from these doctors in confronting the affected patient. As a result of the mistakes made by them. This is what prompted us to investigate the basis of the private hospital’s civil liability for the errors of its doctors, and whether it is considered responsible for all errors arising from their technical or non-technical work that befalls the patient. The hospital, as a legal entity, uses a number of natural persons to implement its obligation towards the patient under the hospitalization contract concluded between them. He has the authority to supervise, direct, and control their work, and the responsibility of the hospital is the responsibility of the subordinate for the work of his subordinates. However, this responsibility is not fulfilled for all doctors, depending on the nature of the relationship that binds them to the hospital, and this will be the focus of the study in this research.