Pillars of civil liability of medical professionals regarding the loss of limited treatment opportunities

Document Type : Original Article

Authors

1 PhD Student in Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan (Khorasgan), Iran

2 Assistant Professor, Department of Private Law, Isfahan Branch, Islamic Azad University, Isfahan, Iran

10.30510/psi.2022.299175.2115

Abstract

The medical staff can be divided into two groups: physicians or surgeons and other medical staff or non-medical staff. Physician or surgeon; The main task is to treat the patient and other medical staff act on their orders and under their supervision. The responsibility of the medical staff falls into two general groups: criminal liability, which covers most of the criminal aspects of the case, and civil liability, which is followed by compensation and financial compensation.
The set of rules and regulations of all countries gives the patient the right to sue in connection with their health care, and as a result of this hearing, if it is proven that the patient's right has been revoked or he has suffered material and moral damage. And has suffered injuries, the importer of the loss is responsible for compensating all damages.
In the Iranian legal system, the pillars of fulfilling the civil liability of the medical complex are: the occurrence of medical and therapeutic errors; Damage to the patient; Establishing the causal relationship between the error and the occurrence of damage.
The Iranian legislature has paid attention to the loss of the chance of treatment and has referred to it in paragraph "f" of Article 18 of the Law on Medical and Pharmaceutical Affairs and Food and Beverage.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 2258-2271

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