Medical Liability and Patient Safety A constitutional study of the Doctor Protection Law No 26 of 2013

Volume 17, Issue: 2 part 1
Summer 2026
Pages 1295-1310

Document Type : Research Paper

Author

College of Law / University of Mosul

Abstract
This study aimed to measure the extent of equilibrium between burdens and responsibilities placed on physicians in Iraq, and scope the effectiveness of the legal and professional safeguards stipulated in (Physician's Safeguard Act No. 26 of 2013).
The study depends on a descriptive, all-inclusive approach, wherein, a sample study consists of 40 physicians.
The findings revealed a legislative and practical gap to a great degree, the data showed that 87.5% of physicians had been subjected to tribal claims, while the seriousness of the judiciary in respect of punishing tribal claims was deemed ineffective at the rate of 65%, and no physician submit a request to obtain a firearm for personal protection.
The study concluded that the law failed to realize the required balance, which leading to continued suffering due to the inability of competent authorities to protect physicians, of which increased their emigration abroad, despite the law call to encourage physicians to return their homeland, caused by lack of necessary protection for them.

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  • Receive Date 14 September 2026
  • Accept Date 22 September 2026