Document Type : Original Article

Authors

• Sajjad Momeni ¹
• Firozeh Geravandi ²
• Ahmad Khosravi ³

¹ Department of Law, Criminal Law, Payame Noor Univerity, Tehran, Iran

² Department of Geography and Urban Planning, Bakhtar University, Ilam, Iran

³ M.Sc. in Law, Criminal Law major, Islamic Azad University, Ilam Research Sciences Branch, Iran

Abstract

Background: The civil liability of the physician is of high significance as one of the issues argued in the civil liability and private law. Civil liability in Iranian law, based on the majority of jurisprudence, is relied on the theory of loss and causation. Accordingly, most jurists have justified the physician’s liability by relying on these two rules.
Materials and Methods: In this study, all articles published up to the winter 2021 in Persian on the liability of the influential factors in surgery with view to jurisprudence teachings were reviewed. By searching databases, Quarterly Journal of Medical Law, Iranian Journal of Surgery, sid. ir, Quarterly Journal of Medical Jurisprudence and Civilica Publications, Quarterly Journal of Private Law Research, through keywords as civil liability, Islamic jurisprudence, commitment and liability of physician, medical error and criminal liability, these articles were obtained. It has also been derived from reliable scientific journals from the above-mentioned articles and websites.
Findings: According to law historical course on physician’s liability in Iranian law, based on 2013 Penal Code, if the physician is not at fault in science and practice, there is no guarantee for him, even if he has not been acquitted (paragraph 1 of Article 495); indeed, the new penal code has adopted guilt basis.

Keywords

• Civil liability
• Islamic jurisprudence
• Physician commitment and liability
• Medical error
• Criminal liability

Main Subjects

• Criminal Law and Criminology

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