Civil Liability Arising from Medical Product Damages (A Comparative Study)

Abduljabbar, Firas Meshhal

doi:10.37651/aujlps.2025.166383.1652

	Civil Liability Arising from Medical Product Damages (A Comparative Study)
Journal of Anbar University for Law and Political Sciences
Article 44, Volume 16, Issue: 2, June 2026, Pages 1093-1127 PDF (1.06 M)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.166383.1652
Author
Firas Meshhal Abduljabbar^*
University of Nineveh - College of Law
Abstract
This research examines the issue of civil liability arising from damages caused by medical products, as one of the contemporary topics resulting from scientific and technological development in the health sector. It explores the concept, types, and legal basis upon which such liability is founded. The study highlights the shortcomings of general legal rules that are insufficient to address the specific nature of medical damages, emphasizing the difficulties in identifying the party responsible for the harm—whether it is the manufacturing company, the physician, or the pharmacist. It also discusses the challenges in assessing compensation, as medical products directly affect human safety and bodily integrity, which cannot truly be compensated by monetary payment regardless of its amount. This makes compensation for such damages a more precise and complex issue. The research further stresses the need for a specific medical law to regulate the circulation and use of medical products, ensuring the protection of the patient as the weaker party in the therapeutic relationship.
Keywords
Medical products; civil liability; compensation; physician; pharmacist

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