Rights center presses Iraq to update medical liability laws

Shafaq News – Baghdad

The Iraqi government must regulate complaint and investigation procedures related to medical errors in health institutions, the Strategic Center for Human Rights warned on Thursday, noting that such cases can result in serious complications and patient deaths.

In a statement, the center described medical errors as a sensitive legal and humanitarian issue affecting the right to life and physical safety, stressing that they must be assessed under clear professional standards that distinguish between unavoidable medical complications and negligence or professional misconduct.

Within this framework, the center pointed to Iraqi law, noting that Article 35 of the Penal Code defines criminal responsibility in cases involving negligence, recklessness, lack of due care, or failure to observe legal obligations. It explained that healthcare providers may face legal liability for errors arising from incorrect medical advice, improper prescriptions, or surgical mistakes, whether directly or through resulting complications.

Under Article 411 of the Penal Code, it added, medical errors that result in death are punishable by imprisonment ranging from one to five years, noting that if a medical error leads to permanent injury or disability, Article 416 (paragraph 2) stipulates a prison sentence of up to two years.

The center urged authorities to strengthen oversight within health institutions, ensure the independence and transparency of medical review committees, and accelerate legislative efforts to update medical liability laws.

While there are no official figures estimating the scale of medical errors in Iraqi hospitals, the healthcare system is under growing strain, with overcrowded public facilities, heavy patient loads on doctors, and prolonged delays in access to specialized care.

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