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Criminalization in medical diagnosis: between the dialectic of negligence and criminal legitimacy --An analytical comparative study-- | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 26, Volume 15, Issue: 2 part 1, September 2025, Pages 686-716 PDF (769.01 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.160232.1522 | ||
| Author | ||
| Mohammad Hassan Marei* | ||
| College of Law and Political Science/ University of Kirkuk | ||
| Abstract | ||
| Medical negligence is a prominent form of unintentional error that may constitute the moral element of an unintentional crime. Negligence occurs when a physician fails to provide the necessary care to accurately determine a patient's medical condition, neglects basic tests, fails to accurately assess the patient's symptoms, relies on insufficient diagnostic methods, or ignores or misinterprets test results. This results in serious harm to patients, potentially leading to death, which could have been avoided had the physician adhered to the required level of care and caution. Therefore, the issue of medical negligence has dimensions that combine law, medical ethics, and human rights. Although medical practice involves a degree of uncertainty and natural human error, this does not, under any circumstances, allow for negligence that causes harm to the patient. This calls for a clear understanding of the limits of criminalization in this regard, which helps establish a balanced legal framework that supports patients' rights and preserves the dignity of the medical profession. It also addresses weaknesses in legal systems, particularly in the field of medical diagnosis, and proposes practical solutions that strengthen the legal framework. Community confidence in the healthcare system. | ||
| Keywords | ||
| criminalization; negligence; medical diagnosis; diagnostic error; basis for criminalization | ||
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