Ghodratollah Noroozi; Mohamadsharif Shahi
Volume 12, Issue 5 , October 2015, , Pages 659-670
Abstract
Physicians’ Civil Responsibility has always been among important legal issues and thus, subject to rules faced with various challenges rooted in different approaches towards civil responsibilities. The present study investigated some of the world’s legal systems and different dimensions of responsibility ...
Read More
Physicians’ Civil Responsibility has always been among important legal issues and thus, subject to rules faced with various challenges rooted in different approaches towards civil responsibilities. The present study investigated some of the world’s legal systems and different dimensions of responsibility to find proper strategies for securing patients’ rights as well as other issues in this respect. The study was a library research in which Iranian law and justice databases such as the Information Center of Judicial Institute and Iran's Legal Database along with sixty other resources have been exploited directly and indirectly within the period from May 2014 to September 2015. It has investigated legal and jurisprudential texts, internal and international rules and judicial processes acted upon in Iran, France and America in a comparative manner. Actually, the key points of the study turn round civil responsibility, fault, risk, irreparable loss, permissive waste, agreement and acquittal. The findings showed that Iranian legal system has not been able to take a fixed stance towards physicians’ civil responsibility in the past, e.g. in a certain period of time, based on some of the jurisprudents’ views, it has sometimes adopted risk and some other times fault as the basis for Physicians’ civil responsibility. However, in the course of time, it has come to follow a more optimistic approach which, if continued, can secure the patients’ and people’s rights in a more acceptable manner.
