Iranian Journal of Medical Ethics and History of Medicine

The possibility of mistakes, negligence, injuries and damages in medical activities could give rise to a civil or criminal case. In such cases, resorting to experts’ opinion is necessary. Forensic medicine organization has important role in such cases. Therefore, understanding of the criteria used by experts of this organization is important and could give rise to awareness of doctors and reduce their professional failures. This is a practical research with a descriptive and analytical method and its necessary information are collected by documentary studies. This investigation shows that medics normally try to have correct medical diagnosis and select appropriate process, and treat patients through reasonable methods to reduce their suffering and pains. It is possible that medics make a mistake in their diagnosis and treatment. Although the result of medical treatment are not guaranteed always, they have to do their treatment and operation according to reasonable and scientific standards and any recklessness and negligence causes criminal or civil responsibility. Reflection on the medical cases shows that the reasons of medic’s conviction can be divided into two categories including pre-treatment and post-treatment factors. Pre- treatment indices contain errors related to diagnosis or choice of treatment.

 Efforts of the medical staff are to provide efficient, desirable, and high quality services to patients. However, medical treatments are not immune to error and mistake. So, occurrence of injury following medical managements is inevitable, an issue that could lead to a lawsuit against the medical staff. In such cases, resorting to experts’ opinion is necessary. Therefore, knowledge about effective indicators in sentencing can increase awareness of the treatment staff in addition to reduction of traumatic behaviors. Reflection on the medical forensic cases shows that the reasons of medic’s conviction can be divided in two categories including pre-treatment and post-treatment factors. Errors after entering the treatment process indicate post-treatment index. Breach at the end of treatment, not doing (lack of) treatment in the appropriate place, mismatch or mistake of used techniques, and fault or blunder are the most important issues related to this index. The present study intends to examine the effective criteria in sentencing medical staff in a descriptive-analytical manner based on expert opinions’ of medical malpractice cases.