Discharge of Civil Liability of Physicians in New Islamic Penal Code of Iran
The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2016-01-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_3489_18464be2c94061353cc98cae1a6cc974.pdf |
| _version_ | 1797375888440950784 |
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| author | Mohammad Hadi Daraei |
| author_facet | Mohammad Hadi Daraei |
| author_sort | Mohammad Hadi Daraei |
| collection | DOAJ |
| description | The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and was adopted in the 1370 Code. Instead, the new Code adopts the theory of presumed liability. In addition, to give more protection to physicians, obtaining patient`s consent exempts physicians from liability. Moreover, the new Code indicates that if patient or nurse is aware of the error of medical order, physicians have no liability. A further change is the affirmation of bona fide as a means of discharge of civil liability. As it was stated, the new Code has provisions in order to protect patients. Also, it gradate physicians and make them updated in accordance with the latest developments of medical sciences. Hence, it is provided that any scientific or practical fault or default(neglect) of physician, make him liable. This means that the ignorance of medical science and new methods of treatments is regarded as a cause of civil liability. It seems that this regulation is the turning point in the Panel Code to protect the patients, although this evolution should have been clearer. |
| first_indexed | 2024-03-08T19:30:44Z |
| format | Article |
| id | doaj.art-bfa17d1479b544289537318384c6367c |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:30:44Z |
| publishDate | 2016-01-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-bfa17d1479b544289537318384c6367c2023-12-26T07:47:31ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322016-01-01414538010.22054/jplr.2016.34893489Discharge of Civil Liability of Physicians in New Islamic Penal Code of IranMohammad Hadi Daraei0دکتری حقوق خصوصی، استادیار دانشگاه علوم قضایی ، گروه حقوق خصوصیThe new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and was adopted in the 1370 Code. Instead, the new Code adopts the theory of presumed liability. In addition, to give more protection to physicians, obtaining patient`s consent exempts physicians from liability. Moreover, the new Code indicates that if patient or nurse is aware of the error of medical order, physicians have no liability. A further change is the affirmation of bona fide as a means of discharge of civil liability. As it was stated, the new Code has provisions in order to protect patients. Also, it gradate physicians and make them updated in accordance with the latest developments of medical sciences. Hence, it is provided that any scientific or practical fault or default(neglect) of physician, make him liable. This means that the ignorance of medical science and new methods of treatments is regarded as a cause of civil liability. It seems that this regulation is the turning point in the Panel Code to protect the patients, although this evolution should have been clearer.https://jplr.atu.ac.ir/article_3489_18464be2c94061353cc98cae1a6cc974.pdfdischarge of civil liabilityfaultdefault (neglect)acquisition of clearance from guaranteeconsent |
| spellingShingle | Mohammad Hadi Daraei Discharge of Civil Liability of Physicians in New Islamic Penal Code of Iran Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī discharge of civil liability fault default (neglect) acquisition of clearance from guarantee consent |
| title | Discharge of Civil Liability of Physicians in New Islamic
Penal Code of Iran |
| title_full | Discharge of Civil Liability of Physicians in New Islamic
Penal Code of Iran |
| title_fullStr | Discharge of Civil Liability of Physicians in New Islamic
Penal Code of Iran |
| title_full_unstemmed | Discharge of Civil Liability of Physicians in New Islamic
Penal Code of Iran |
| title_short | Discharge of Civil Liability of Physicians in New Islamic
Penal Code of Iran |
| title_sort | discharge of civil liability of physicians in new islamic penal code of iran |
| topic | discharge of civil liability fault default (neglect) acquisition of clearance from guarantee consent |
| url | https://jplr.atu.ac.ir/article_3489_18464be2c94061353cc98cae1a6cc974.pdf |
| work_keys_str_mv | AT mohammadhadidaraei dischargeofcivilliabilityofphysiciansinnewislamicpenalcodeofiran |