legal opinion
and say Iraqi legal expert Mohammed Al-Samarrai for the site "Sky News Arabia": "Unfortunately, medical errors have spread widely in Iraq for many reasons, the most important of which is negligence and failure to adhere to medical mechanisms and rules by the perpetrators, bearing in mind that surgical medical work for the purpose of treatment is legally permissible in accordance with the provisions of Article 41 of the Penal Code.".
definition of medical error
"Medical errors, according to Iraqi law, are negligence, recklessness, lack of interest, failure to take caution and caution, and failure to adhere to the law, according to Article 35 of the Iraqi Penal Code."explains the legal expert.
He added: "Surgical operations must be required to preserve life and be necessary and urgent, so with the consent of patients or their families following doctors alert them to the risks of operations".
Punishment for causing death
"If the patient is harmed or dies, as a result of wrong consultations, unhealthy treatments, or wrong surgeries, directly or with complications, then the medical error is the cause, and the doctor or health service provider falls under legal liability, if a death occurred by mistake. According to Article 411 of the Penal Code, the penalty is imprisonment for a period ranging from one to five years"According to Al-Samarrai.
Punishment for causing permanent disability
He continued: "As for if it results in medical error Damage or permanent disability, the penalty is imprisonment for a period not exceeding two years, according to Article 2/416 of the Penal Code".
The legal advisor continues: "The increase in cases of permanent disabilities and deaths as a result of medical errors that represent a departure from the rules and principles of the profession, calls for speeding up the amendment of the Penal Code and tightening its provisions in order to be a deterrent to those who disregard the lives of citizens".
Keeping abreast of the development of medical legislation
"That is why Parliament must legislate a medical liability law, which should include a statement of prohibited surgeries, and the formation of central committees to receive complaints regarding medical errors, since Iraq lacks such an important law, compared to the medical legislative development in most countries of the world."as the samurai demands.
The speaker concludes: "The scopes of medical work and its surgeries have developed and expanded, and we have in Iraq an increase in the pace of cosmetic and slimming surgeries, which are not covered by law.".
what do you say "the health"؟
General Director of the Ministry says Iraqi health Nabil Hamdi Bouchnak for the site "Sky News Arabia": "Like other countries of the world, there are medical errors that occur, of course in Iraq, and some of them may be mixed with complications of surgical operations that may not necessarily be due to a medical error, as any surgical operation undoubtedly results in complications ranging in severity and danger depending on the nature of the operation and the health status of the patient and others. This is from the details of each case, and even any pill we usually take has side effects".
Whoops and bears becomes a surgeon
The Iraqi health official adds: "In addition, many of the plastic surgeries, for example, or similar to the operation to cut the stomach, especially in a number of private hospitals and clinics, are carried out with unsafe and unprofessional hands, where everyone who comes and bears in most private hospitals performs them, for example, we as the Ministry of Health forbid unauthorized operations Necessary in government hospitals, such as stomach cutting operations, for example, or modifying and beautifying the nasal septum, or breast reduction or augmentation, and other operations that are not considered life-saving, and not performing them at all does not constitute a danger even".
What regarding medical supervision?
He continued: "Private hospitals are under the supervision of the Physicians Syndicate, and although the Syndicate is also generally bound by the Ministry’s instructions and regulations regarding the conditions for performing various surgical operations, however, there may sometimes be a breach of it and a breach by private sector hospitals.".
Gastric bypass surgery model
"For example, in gastric sleeve surgeries, cheap caps are sometimes placed to tie it, but it may escape inside the stomach later, causing severe bleeding due to its poor quality and poor quality. This undoubtedly means the use of inexpensive and unsafe medical materials and tools"as Bushnak explains.
Mechanisms of accounting for medical error
The speaker says: "In the event of medical errors during such operations, we ask those affected by that to resort to us, we are undoubtedly keen to defend them, fulfill their rights and compensate them, and hold the perpetrators of these medical errors accountable, through the judicial authorities.".
Greed at the expense of people’s health
The health official continues: "Thus, due to the greed of some in the medical community, unfortunately, and the dishonest competition that is far from the noble medical profession between private doctors and hospitals, major operations such as gastric sleeve surgery are performed with inferior tools, and in ways that do not meet the strict health conditions required to be met, in order to increase profits at the expense of Patient health and safety".
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One of the most common surgeries related to these cases is gastric sleeve surgery, as deaths from it continue to be recorded in many private hospitals in many Iraqi governorates.
This comes amid mounting calls by citizens to improve the dilapidated health sector, to toughen penalties for those who commit medical errors, and to tighten control over government and private hospitals and health centers, especially with regard to plastic surgery and slimming.
legal opinion
and say Iraqi legal expert Muhammad Al-Samarrai told “Sky News Arabia”: “Unfortunately, medical errors have spread widely in Iraq for many reasons, the most important of which is negligence and failure to adhere to medical mechanisms and rules by the perpetrators, knowing that medical surgical work for the purpose of treatment is permissible by law in accordance with the provisions of Article 41 of the Law Penalties”.
definition of medical error
“Medical errors, according to Iraqi law, are negligence, recklessness, lack of interest, lack of caution and caution, and failure to adhere to the law, according to Article 35 of the Iraqi Penal Code,” the legal expert explains.
He added: “Surgical operations must be required to preserve life and be necessary and urgent, so with the consent of patients or their families following doctors alert them to the risks of operations.”
Punishment for causing death
If the patient is harmed or dies, as a result of wrong consultations, unhealthy treatments, or wrong surgeries, directly or with complications, then the medical error is the cause, and the doctor or health service provider falls under legal responsibility. Medical error, according to Article 411 of the Penal Code, the penalty is imprisonment for a period ranging from one to five years,” according to Al-Samarrai.
Punishment for causing permanent disability
And he continued: “And if it results in medical error Damage or permanent disability, the penalty is imprisonment for a period not exceeding two years, according to Article 2/416 of the Penal Code.
The legal advisor continues: “The increase in cases of permanent disabilities and deaths as a result of medical errors, which represent a departure from the rules and principles of the profession, calls for speeding up the amendment of the Penal Code and tightening its provisions in order to be a deterrent to those who disregard the lives of citizens.”
Keeping abreast of the development of medical legislation
“This is why Parliament should legislate a medical liability law, which should include a statement of prohibited surgeries, and the formation of central committees to receive complaints regarding medical errors, since Iraq lacks such an important law, compared to the medical legislative development in most countries of the world,” al-Samarrai demands.
The speaker concludes: “The scopes of medical work and surgeries have developed and expanded, and we have in Iraq an increase in the pace of cosmetic and slimming surgeries, which are not covered by law.”
What do you say “health”?
General Director of the Ministry says Iraqi health Nabil Hamdi Bushnaq told “Sky News Arabia”: “Like other countries of the world, there are medical errors that occur, of course, in Iraq, and some of them may be mixed with complications of surgical operations that may not necessarily be due to a medical error, as any surgical operation undoubtedly results in it.” Complications ranging in severity and severity, depending on the nature of the operation, the health status of the patient, and other details of each case, and even any pill we usually take has side effects.”
Whoops and bears becomes a surgeon
And the Iraqi health official adds: “In addition, many cosmetic surgeries, for example, or similar to gastric sleeve surgery, especially in a number of private hospitals and clinics, are carried out with unsafe and unprofessional hands, where everyone who comes and bears in most private hospitals performs them. For example, we As the Ministry of Health, we forbid unnecessary operations to be performed in government hospitals, such as gastric sleeve operations, modifying and beautifying the nasal septum, breast reduction or augmentation, and other operations that are not considered life-saving, and not performing them at all does not even pose a risk.
What regarding medical supervision?
He continued, “Private hospitals are under the supervision of the Doctors Syndicate, and although the Syndicate is also generally bound by the Ministry’s instructions and regulations regarding the conditions for performing various surgical operations, however, there may sometimes be a breach of it and a breach by private sector hospitals.”
Gastric bypass surgery model
“For example, in gastric sleeve operations, cheap staplers are sometimes placed to tie it, but it may escape inside the stomach later, causing severe bleeding due to its poor quality and poor quality. This undoubtedly means the use of inexpensive and unsafe medical materials and tools,” Boushnak explains.
Mechanisms of accounting for medical error
The spokesman says: “In the event of medical errors during such operations, we ask those affected by that to resort to us, and we are undoubtedly keen to defend them, achieve their rights and compensate them, and hold the perpetrators of these medical errors accountable, through the judicial authorities.”
Greed at the expense of people’s health
And the health official continues: “Thus, due to the greed of some in the medical community, unfortunately, and the dishonest competition that is far from the noble medical ethics between private doctors and hospitals, major operations such as gastric sleeve surgery are performed with inferior tools, and in ways that do not meet the strict health conditions necessary to be provided, in an effort to behind increasing profits at the expense of patients’ health and safety.”
