Volume 19, Issue 60 (4-2025)                   MLJ 2025, 19(60): 783-797 | Back to browse issues page

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Al-Saeedi A, Ghodsi S E. Legal Liability for Artificial Intelligence Errors in Medical Practices in the Legal Systems of Iran and Iraq. MLJ 2025; 19 (60) :783-797
URL: http://ijmedicallaw.ir/article-1-1945-en.html
1- Department of Law, Faculty of Law and Political Science, University of Mazandaran, Mazandaran, Iran.
2- . Department of Law, Faculty of Law and Political Science, University of Mazandaran, Mazandaran, Iran.
Abstract:  

Background and Aim: Artificial intelligence technology is effective in various fields and despite its relatively successful effectiveness, there is a possibility of its functional error. Given the importance of human life, the application of this technology in the field of health is very cautious and until it is relatively certain of its success, a license for its use is not issued. The aim of the research is to examine the legal liability of artificial intelligence errors in medical practices in the two legal systems of Iran and Iraq.
Method: This research was conducted using an analytical-descriptive method and in the absence of a specific legal source for this field, general legal rules from both civil and applied aspects have been generalized to this case.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: In the Iraqi legal system, the gross error of the perpetrators can be subject to a ta’zir punishment. According to the rules of criminal law, personal injury is only compensated within the framework of blood money and guarantees civil liability, while in the Iraqi legal system, it is possible to claim all damages related to the crime. The liability of the manufacturer, quality supervisor, maintenance manager and direct user of the technology is identified based on their share in the error and each will be responsible for compensation. In our country, it is possible to legally deal with a legal entity and in Iraq, the scope of the judicial system's authority is limited only to the direct user and the chairman of the board, which is criticized.
Conclusion: The final result is that the institution of negligence is not defined in the criminal law literature of our country and until its instance is explicitly mentioned in legal sources, there is no possibility of dealing with the violator. Therefore, dealing with the offenders in the field under study is limited only to blood money and compensation.

Please cite this article as:
Al-Saeedi A, Ghodsi SE. Legal Liability for Artificial Intelligence Errors in Medical Practices in the Legal Systems of Iran and Iraq. Medical Law Journal. 2025; 19: e52.

Type of Study: Original Article |
Received: 2025/02/9 | Accepted: 2025/05/26

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