A Comparative Approach on the Concept of Physician’s Fault Criteria
The adoption of Article 495 of new Islamic Penal Code has removed theambiguity in determining physicians’ liability basis . In other words, it considersphysicians’ civil liability on the basis of presumed fault. However, the questionsare: What are criteria for this fault? On what basis, will judges...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2015-10-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
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| Online Access: | https://jplr.atu.ac.ir/article_1449_99fe96b60011ab774324f3ed822aae60.pdf |
| Summary: | The adoption of Article 495 of new Islamic Penal Code has removed theambiguity in determining physicians’ liability basis . In other words, it considersphysicians’ civil liability on the basis of presumed fault. However, the questionsare: What are criteria for this fault? On what basis, will judges make a judgmentfor liability or lack of liability of physicians? Iranian lawyers have notaddressed these questions clearly and adequately. The general requirement of"Failure to comply with reasonable skill and care standards" had beenmentioned by foreign lawyers and academics in leading legal systems for thepurpose of recognizing physicians' fault . Having said that, due to extensivecriticisms, particularly by German lawyers, this criterion has challenged theselegal systems. As a result, the "objective fault" criterion is gradually changingto "a relative fault" criterion. It means that in recognizing the fault, thereasonable physician’s behavior is not the only criterion and other similarphysicians are also the pattern for recognition of his fault. |
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| ISSN: | 2345-3583 2476-6232 |