Review of the civil and criminal liability of the nursemaid The Approach to Iran: s Criminal Code

The subject of this research is review of the most important legal responsibilities nursemaid according to their jurisprudence and legal foundations. A woman who takes care of the baby instead of the mother and she usually feeds him/her with her milk. Although maintenance baby and breastfeeding him/her practically and legally consider as two distinct works but it has always been preferred that nursemaid is also Merzeh (a mother who is breastfeeding to baby). Today, a woman who helps the mother to keep baby known as a nursemaid. In the present study stated, from the distant past, before the advent of Islam, recruiting nurses was a common routine in Islamic societies and there are several motivations for recruiting nurses. In the new era, with changing social conditions, legal and cultural structures relating to maintenance, custody and breastfeeding babies and children has been changed. The findings of this study showed that legal practice of child nurses can evaluate in the framework of Civil and Criminal Responsibility of specialist nurses. In this way, if a baby or child damages psychological and physical, because of irregularities and diagnostic, medical and careful errors which are done by a nurse, so, the nurse would be directly and indirectly responsible for the guilt’s. Also, if in case of neglect, lack of skill and negligence in the maintenance of the baby caused damages, she will have to compensate for the damages and losses.