Physiotherapy Contract and Resulting Civil Liability: Comparative analytical study

Abstract

Physiotherapy is recognized as a supportive branch of medicine, aimed at restoring mobility and improving the quality of life for patients with movement limitations. It may be prescribed as a primary form of treatment or used alongside other medical interventions to accelerate recovery. Typically, this care is provided through a treatment contract signed between the patient and the physiotherapist or healthcare institution. However, while the profession holds significant value, the Iraqi legal system has yet to establish a specific law regulating it, unlike Jordan, which has enacted the Medical and Health Liability Law to govern its practice.

This study explores the concept of the physiotherapy contract, clarifies the roles and responsibilities of both parties, and examines the legal consequences that may arise if those responsibilities are breached. It also highlights how Iraqi civil law addresses patient harm or professional errors. The research adopts a comparative method, analyzing the regulations in Iraq and the Kurdistan Region and contrasting them with Jordanian legislation. To present the findings, the discussion is divided into two sections: the first focuses on the framework of physiotherapy contracts, while the second examines the civil liabilities that may result from them. In conclusion, this paper concluded that there are legal deficiencies in the legal regulation of the naturopathic profession in Iraq, unlike Jordan, which has enacted a law to regulate this profession. Therefore, it is very important to pass a law to regulate this profession in Iraq.