"Civil liability of physicians and medical staff in Iran and its implementation in the UK

Document Type : Research Paper

Authors

1 Associate Professor, Private Law, Department of Private Law, Faculty of Law, Qom University, Qom, Iran

2 PhD Student, Private Law, Faculty of Law, Qom University, Qom, Iran

Abstract

Treatment is a general necessity and a basic need of the people of the society and saving the life of the needy patient is very important. In general, the patient can be admitted for treatment in two ways: one is emergency; The general condition of the patient is serious and treatment begins without the patient's opinion and without delay, and even the patient does not have the opportunity to choose the doctor and hospital. And another non-emergency (elective); The patient should be referred to the hospital according to the problem and by choosing the desired doctor, he will be admitted to the hospital consciously by signing the certificate and consent to do so. In these cases, the issue of civil liability of physicians and medical staff can be addressed.
According to this article, which is descriptive-analytical and with a comparative approach to English law, it can be said; If the doctor and medical staff has a contract or employment relationship with the patient or medical centers such as hospitals and clinics for a certain salary, he is responsible for compensating the nature of the contract, but if such a contract is not involved and the patient suffers due to their fault. Civil liability is coercive and legal in nature, and the injured party has the right to claim damages in accordance with the general principles of civil liability and related regulations. The UK legal system, although it recognizes coercive liability for physicians, analyzes physician liability accordingly.

Keywords

Main Subjects

Files

Share

How to cite

Statistics