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The Role of the Judiciary in Legislating Civil Liability for Damages Caused by Medical Errors
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This research discussed the role of the UAE high courts in interpreting the legal texts governing the objective civil protection for the injured due to medical errors. It utilized many issued judgments and concluded the importance of these rulings in interpreting the legal texts provided in the relevant legislation. Also, it emphasized the impact of these provisions on the legislative amendments recently made by the UAE legislator, namely the Medical Liability Law No. 4 of 2016 and its Executive Regulation No. 40 of 2019. Although the UAE law does not follow the case law system, this study proved the commitment of the lower courts to the judicial principles issued by these higher courts. The first part highlighted the concept of medical errors in light of the trends of the judiciary. Also, it indicated the scope and nature of the responsibility of healthcare professionals. The part focused on developing the medical liability insurance system in the UAE and interpreting the UAE judiciary for the controls and effects of this insurance. The study concluded the importance of the role of relevant case law in making modern legislative amendments that meet the needs and requirements of health workers in the state.

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Publication Date
Sat Jun 30 2018
Journal Name
Journal Inspector General
Some examples of police errors - a comparative study of the scope of civil liability between American and Iraqi laws
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Police play an important role in any society. Where they maintain public order by stopping and deterring crime and bringing criminals to justice. In order to achieve these objectives, they have certain means of law (search, arrest, use of force that may be lethal in some cases). However, such means may be misused in a way that harms members of society such as (Exceeding the Scope of a search warrant, violation of privacy of individuals, False Imprisonment, Excessive use of force, Sudden Deaths in custody, Sexual Assault and Harassment, Failure to respond for Domestic violence calls), which raises the civil liability of police officers and their agencies for such damage. Police officers may even abuse their characteristics even outside offic

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Publication Date
Mon Jun 01 2015
Journal Name
Journal Of Economics And Administrative Sciences
Diagnosis of medical errors and the responsibility of nursing staff reported in Sadr Teaching Hospital
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The study aims to determine the responsibility of nursing staff for medical errors that accompany the surgery at the hospital , which is one of the important issues that the importance of determining the responsibility of landlords nursing medical errors in the hospital was the rationale in choosing the subject. Since study included cases of errors nursing staff of (22) case. While the checklist distributed to a sample of nursing Angel Group in Sadr Teaching Hospital 's (100) nurs According to the problem, the study in determining the responsibility of nursing staff for medical errors that are not important for the hospitals. Has shown results of the study agreement members of the study sample that the clarity of the power posses

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Crossref
Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
International responsibility for damage caused by cyber attacks
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The research sheds light on a new topic of international law, the most important of which is, around which there are still question marks and differences in most of its aspects, especially with regard to international liability for damage caused by cyber attacks in the virtual space, the last is the fifth area that appeared alongside other area (Land, sea, air and outer space) and in addition to being a space on which states depend in the performance of their functions and international relations, it is a new arena for war and a source of danger to the security of states, As the security exposure to the secrets of states increased due to espionage and piracy, and the attacks on the infrastructure of countries increased, and the silence o

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Crossref
Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
The Civil Responsibility of the Editor of the Electronic Press: Study in Jordanian Legisation
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This study is intended to discuss the civil responsibility of the editor in the field of electronic publishing.

          The purpose of this study is to explain the concept of the editor in the electronic publication and the basis of its civil responsibility, its legal problems under the legal rules contained in the Civil Code.

          The first topic deals with the concept and importance of the editor in the news website. The second section deals with the provisions governing the civil responsibility of the editor.

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Crossref
Publication Date
Wed Dec 30 2020
Journal Name
Revue Africaine D'études Juridiques Et Politiques
Civil Liability of Hotels Towards the Victims of the Terrorist Operations that Take Place in Them
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At a time when any tourist in the world wants a trip to reload his energy and enjoy peace and quiet and engage in adventures in a safe environment, terrorism comes to disturb him on that journey through operations aimed at the tourist and entertainment destinations, such as shops, restaurants, cafes and hotels Is the orbit of research) for many reasons. The security measures taken by hotels play an important and fundamental role in preventing or limiting these terrorist operations. At the same time, while some hotel administrations are constantly seeking to improve these measures to preserve the safety of their guests and visitors, In spite of the high number of attacks on hotels since 2001 and today. This research is intended to highlight

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Occupier's Civil Liability in the English Law. An Analytical Comparative Study with the Iraqi Civil Law
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The occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and  The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate

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Crossref
Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Civil Responsibility Resulting from Clinical Trials According to UAE Ministerial Resolution No. (730) for (2018)
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This study includes the new methods especially those related to clinical trials non-therapeutic clinical trials and new risks that may be exposed to. The Corna pandemic has raised many repercussions on all levels and fields, and raised many questions, especially in the legal field. Where many responsibilities arise because of the way to deal with this pandemic, exploit it, or neglect some of the obligations imposed to confront this pandemic. Therefore, the legislator had to intervene to organize practice of such clinical trials in order to ensure stability and reassurance, whether to the doctor, researcher or people who subject to such clinical trial in accordance with the Ministerial Resolution No. (730) of (2018). Therefore, such trial

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Publication Date
Thu Dec 26 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The design of a proposed model for the application of the insurance policy for medical errors
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The aim of this study is to design a proposed model for a document to insure the mistakes of the medical profession in estimating the compensation for medical errors. The medical profession is an honest profession aimed primarily at serving human and human beings. In this case, the doctor may be subject to error and error , And the research has adopted the descriptive approach and the research reached several conclusions, the most prominent of which is no one to bear the responsibility of medical error, although the responsibility shared and the doctor contributes to them, doctors do not deal with patients according to their educational level and cultural and there are some doctors do not inform patients The absence of a document to insu

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Compensation those affected by technological development risks within the scope of medical works
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 compensation those affected by technological development risks within the scope of medical works.       

The unprecedented technological development the world witnesses nowadays has been providing brilliant medical service to the human being including examination, diagnosis and the treatment or follow up.

However, such works hide behind potential risks threatening people's lives and such risks my be discovered within the limits of now – how and technical knowledge prevailing the time of rendering the medical service. Also this the question is raised on how to keep up between the safety of the patients and such risks are being unknown by the provider and questioning them contradic

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Crossref
Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
The role of constitutional judiciary in the protection of academic freedom in Iraq: Comparative study
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Academic freedom is a human right, and if human rights are general rights, academic freedom is a special freedom for members of the academic community. Despite the modernity of the term "academic freedom", its content was not the result of the contemporary state of scientific academic bodies, That the development of the importance of this term coincided with the development of the exercise of public freedoms, and increased interest in and protection, so the number and expanded images of academic freedom, and was a manifestation of interest in this freedom to try to determine the content or what it is and pictures, The first of these guarantees is the supervision of the constitutionality of the laws, which are carried out through judicial

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