المسؤولية المدنية للطبيب الناشئة عن فصل التوائم المتلاصقة (دراسة مقارنة) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 1, May 2023, Pages 686-715 PDF (686.24 K) | ||
| Authors | ||
| أ.م.د حبيب عبيد مرزة; الباحثة ساره عباس حسن حمزة | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The progress that has been made in the medical-surgical field has made doctors able to separate conjoined twins despite the difficulty of this medical work because most cases of conjoining twins are complex and intertwined، and this raised many questions and legal problems regarding the civil liability arising from separating conjoined twins and its basisLegal، because this basis is often related to the concept of tortuous or contractual error arising from the failure of the doctor in charge of the separation of his medical obligations towards the twins، which leads to the occurrence of damages that may be material to the body of the twins، such as the damage resulting from the error in allocating the joint organs between the twins by not following a sound medical and legal standard And that's whatIt was not dealt with by Iraqi law and the laws compared to the organization، although it contradicts other medical laws، or moral damage may occur، or both. The matter that deserves the twins subject to separation is compensation for the damage they have suffered. However، there may be cases that mitigate or exempt the doctor from this compensation based on the The receipt of these cases in the general rulesHowever، this statement requires a pause and consideration about the validity of adopting these exempted or extenuating cases with regard to medical work related to the body of conjoined twins. Therefore، research on this responsibility requires a comparison between Iraqi law، French law، and Jordanian law regulating medical responsibility. | ||
| Keywords | ||
| civil liability; separation; conjoined twins | ||
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