ADMINISTRATION RESPONSIBILITY FOR HEALTH FACILITIES

Main Article Content

ROAA HAMEED ABED

Abstract

The issue of management responsibility for health facilities is of great importance and deserves a lot of care and attention because of its contact with the human body and its preservation from the dangers that may result from mistakes committed by these health facilities, and administrative responsibility as a type of legal responsibility takes place within the scope of the legal system administrative ،It is related to the responsibility of the state and the public administration for its harmful actions, whether these harmful administrative actions are legitimate or illegal, on the basis of the elbow error or the administrative error and on the basis of the risk theory and within the scope of the legal system of administrative responsibility and the responsibility of the state, and we have tried through this research to determine the nature of administrative responsibility About health facilities and a statement of what is meant by a health facility error, as well as a statement of the basis for establishing the administration's responsibility for this error in Iraqi legislation.

Article Details

Section
Public Law
Author Biography

ROAA HAMEED ABED

ROAA HAMEED ABED

Iraqi University / College of Law and Political Science

References

First: the Qur’an:

Surat Al-Safat, Verse: (24).

Second: Linguistic references:

- Ibrahim Mustafa, and others, Al-Mu’jam Al-Waseet, Dar Al-Da’wa for printing and publishing, Part 1, Cairo, 1972.

- Sahih Al-Bukhari, Book of Friday, Chapter on Friday in Villages and Cities, 2/5: Hadith No. 893.

- The Dictionary of Contemporary Arabic, (vol. 2 / p. 1020), and the industrial source: It is what ended with a strict B and T, such as ability and responsibility.

Third: books

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- Suleiman Al-Tamawy, Administrative Judiciary, "The Second Book - Compensation Judgment", Dar Al-Fikr Al-Arabi, Cairo, 1968. 5- Suleiman Marks, Al-Wafi fi Explanation of Civil Law, Harmful Action and Civil Responsibility, Al-Halabi Human Rights Publications, Volume 1, 2019.

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Environmental Damage, Al-Baath University Journal for Humanities, Vol. (39), p. (45). 17- Abdel-Hamid Al-Shawarbi, The Responsibility of Doctors, Pharmacists, and Civil, Criminal, and Disciplinary Hospitals, Manshaat Al-Maarif, Alexandria, 2000. 18- Abdullah Hanafi, Judgment of Compensation, "The State's Non-Contractual Responsibility", Dar Al-Nahda Al-Arabiya, Cairo, 2000.

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University Foundation for Studies and Publishing, Alexandria, Egypt 1991-

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- Iraqi Civil Law No. (40) of 1951

- Second Amendment Law No. (106) of 1989 to State Shura Council Law No. (65) of 1979.

- Fifth Amendment Law No. (17) of 2013 to State Shura Council Law No. (65) of 1979

Sixth: Judicial rulings:

- The judgment of the Court of Cassation issued on 2/19/1968, where it ruled that “the Directorate of the Passenger Transportation Authority is responsible for the damage caused by the drivers of the Authority’s cars with its money from an actual authority that gives it the right to monitor and direct and the right to issue orders to them.” Journal of Legal Sciences, 1969 ( First issue) pg. 192

- The ruling of the Administrative Court in Case No. (88) of the judicial year, and the ruling of the Supreme Administrative Court issued on June 26, 1959.

- The judgment of the Court of Cassation on April 10, 1933.

- - Iraqi criminal cassation file No. 535 discriminatory / 1968 on 30/11/1968.