The process of dealing with cases of medical crimes and violations and competent authorities in the penal system of Iran and Australia with emphasis on judicial procedure

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

3 Assistant Professor of Law, Hakim Nezami Higher Institute

10.30510/psi.2022.317954.2742

Abstract

Physicians may intentionally or unintentionally injure a patient during the treatment process, which is a medical offense or offense, and the patient can sue the physician. In the law of Iran, criminal, disciplinary and special authorities are provided to handle the patient's complaint. The physician's liability is based on the theory of fault, which is the burden of proof on the injured person. Under Australian law, the patient's burden of proof is in accordance with the law, with the aim of reducing complaints against physicians. In order to exercise his right, the patient files a lawsuit in the legal authorities against the doctor or the health system with the Health Commissariat. After conducting the investigation, the case is sent to the dispute resolution authorities. This article takes a comparative approach to the process of dealing with wrongdoing or medical crimes and the competent authorities in the law of Iran and Australia to clarify the strengths and weaknesses of the laws of the two countries in the face of such events.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 3032-3051

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