Volume 13, Issue 3 (Aug & Sep 2019)
payavard 2019, 13(3): 230-240 |
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Baqeripour M, Khazaei A. The Analysis of Physicians' Acquittal according to Current Iranian Laws. payavard 2019; 13 (3) :230-240
URL: http://payavard.tums.ac.ir/article-1-6795-en.html
URL: http://payavard.tums.ac.ir/article-1-6795-en.html
1- Ph.D. Candidate in Jurisprudence and Principles of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Assistant Professor, Jurisprudence and Principles of Islamic Law Department, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran ,Ahm.Khazaei@iauctb.ac.ir
2- Assistant Professor, Jurisprudence and Principles of Islamic Law Department, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran ,
Abstract: (2681 Views)
Background and Aim: Because of its direct connection with human life, medicine is a sacred profession that has been considered by infallible imams (pbuh) and stories have been told about it from the beginning of Islam. With the increasing progress of technology, the study of the relationship between a patient and his/her doctor and of patients' familiarity with their rights has expanded. However, what has been the focus of legislators' attention more than ever is the compensation of damages caused by medical acts.
Materials and Methods: First, using library resources and validated research articles, we conducted a comparison method. Then, the collected documents were studied with descriptive and analytical method. In addition to books, articles, and the writings of law and jurisprudence sites, the researcher benefited from the opinions of jurists, lawyers, physicians, and the losers of medical affairs to explain the purpose of this research.
Results: With certain rules, the legislator has removed the causes of physician's commitment and responsibility; obtaining the consent of the patient or his/her guardian before treatment is among them.
Conclusion: This article considers full support for the physicians' acts in curing patients. However, it is necessary to highlight the responsibilities of the medical team; in fact, non-compliance with medical regulations as well as technical standards and regulations will have legal consequences.
Materials and Methods: First, using library resources and validated research articles, we conducted a comparison method. Then, the collected documents were studied with descriptive and analytical method. In addition to books, articles, and the writings of law and jurisprudence sites, the researcher benefited from the opinions of jurists, lawyers, physicians, and the losers of medical affairs to explain the purpose of this research.
Results: With certain rules, the legislator has removed the causes of physician's commitment and responsibility; obtaining the consent of the patient or his/her guardian before treatment is among them.
Conclusion: This article considers full support for the physicians' acts in curing patients. However, it is necessary to highlight the responsibilities of the medical team; in fact, non-compliance with medical regulations as well as technical standards and regulations will have legal consequences.
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