Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Conflict of Laws in the Doctor's Contractual Responsibility: A Comparative Analytical Study

Author(s): Hiba Thamer Mahmood Al-Samak

A lot of patients travel to receive treatment because of poor or deficient medical care, or because of the emigration of many medical qualifications. Some patients also suffer from poor care provided after returning from treatment abroad, as specialized tourism companies in some countries enable patients to access health care, which is called medical tourism. This is why many countries in the world have taken an interest in it, such as the European Union and the United States of America. We have not found international rules governing the responsibility of the doctor, but we have found only the general rules of complex responsibility in international law. The World Health Organization (WHO) has taken care of the safety of patients to increase the number of medical errors every year in the world, as legal procedures are often inadequate and the patient needs to file a complaint before or after returning home to be subject to the laws of that country, and the countries that apply the insurance system provide sufficient insurance, and insurance companies are sometimes reluctant to pay because of medical negligence. Due to the scarcity of legal studies, I examined the general rules on conflict of laws on the responsibility of doctors, a comparative study between Iraqi civil law, some state laws, international conventions, and the European directive on the safety of patients. It divided it into two research papers: the first on the rules of attribution applicable to the responsibility of the physician and divided it into two; the first on the importance of the responsibility of the physician in international law; the second on the rules of attribution applied; the second on the European Union directive on the application of patients' rights in cross-border health care; and the second on the provisions of patients' rights; and the second on cooperation between the European Union member States. She concluded that the reason for the increase in medical malpractices in the international context is that doctors are working to sign the patient waiver of his right to prosecution, and that many medical and moral damages change and worsen after his return to his homeland. She added that it is necessary to establish medical committees from the Ministry of Health to allow Iraqi patients to travel abroad, monitor their cases, and choose specialized hospitals through Iraqi embassies in those countries.

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