المسؤولية المدنية الناشئة عن اخلال ممتهن الطب البديل بالالتزام بضمان السلامة

Abstract EN

Despite the absence of legal regulation for the alternative medicine treatment in Iraq and its confinement to regulations in one of departments of alternative medicine which is selling of medicinal herbs, there are other activities of alternative medicine which have not regulated by the legislator as cupping (alhadjamh), bee sting therapy, Chinese acupuncture and so forth.

hence this study has come to show a legal aspect highlighting the impact resulted from the breach of alternative medicine practitioner for ensuring safety of the ill person which will consequently result in the establishment of the civil responsibility against the alternative medicine practitioner and emergence of the right for the injured person to obtain compensation.

the study has specialized to application of the general rules of civil responsibility concerning non-commitment of alternative medicine practitioner to safety ensuring in the light of judicial judgments and juristic views for responsibility of those with professions, especially medicine professionals for physical damages caused by them.

the study shows the nature of civil responsibility arising from this non-commitment , what extent in which alternative medicine practitioner can be asked, what compensation the injured person deserves from physical damage and what the impact of the foreign reason on the responsibility of alternative medicine practitioner, possibility of an exemption or mitigation of this responsibility in agreement with the other injured contractor and possibility to conceive the idea of ensuring from civil liability.