Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 600-615 |
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Imanzadeh S, Asadloo M, Ranjbar R. The Effects of the Patient's Permission on the fall of the Doctor's Guarantee in Terms of Islamic Jurisprudence and Law. MLJ 2022; 16 (57) :600-615
URL: http://ijmedicallaw.ir/article-1-1510-en.html
URL: http://ijmedicallaw.ir/article-1-1510-en.html
1- Department of Theology and Islamic Studies, Fiqh and Fundamentals of Law (Thought of Imam Khomeini (RA)), Tabriz Branch, Islamic Azad University, Tabriz, Iran
2- Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
2- Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
Abstract:
Background and Aim: The study of the relationship between patient permission and physician's guarantee is one of the important issues in Islamic jurisprudence and law, including medical jurisprudence, which has created different views in this regard today. The present study investigates the effects of the patient's permission on the fall of the physician's guarantee and responsibility from the perspective of Islamic jurisprudence and law.
Method: The present research is an applied type and the method of collecting information has been done by documentary and library methods, including the study of the works and writings of jurists and jurists.
Ethical Considerations: The present study was conducted with ethical considerations such as accurate and scientific reference, observance of the principles of fiduciary duty and preservation of intellectual property of the authors of documents, books and articles.
Results: Patient's permission and physician's guarantee fall in Islamic jurisprudence and law are subject to rules and restrictions, including in the discussion of patient's permission, lack of absolute control over one's body and soul and in the discussion of physician's guarantee fall or non-fall, the challenge of medical expertise in It is a matter of debate with old and new jurists, however, the ambiguity of the issue of permission and the importance of medical expertise and monitoring the treatment of patients with exceptional conditions can solve the problems raised in this area.
Conclusion: The jurisprudential and medical council in the Islamic society needs to monitor the activities of physicians in certain cases that may put patients at risk of death. Adopting strict rules to deal with physicians who do not have sufficient expertise and dealing legally with physicians who have not completed university degrees, will address many of the challenges associated with patient permission and the loss of a physician's guarantee.
Please cite this article as:
Imanzadeh S, Asadloo M, Ranjbar R. The Effects of the Patient's Permission on the fall of the Doctor's Guarantee in Terms of Islamic Jurisprudence and Law. Medical Law Journal. 2022; 16(57): e45.
Method: The present research is an applied type and the method of collecting information has been done by documentary and library methods, including the study of the works and writings of jurists and jurists.
Ethical Considerations: The present study was conducted with ethical considerations such as accurate and scientific reference, observance of the principles of fiduciary duty and preservation of intellectual property of the authors of documents, books and articles.
Results: Patient's permission and physician's guarantee fall in Islamic jurisprudence and law are subject to rules and restrictions, including in the discussion of patient's permission, lack of absolute control over one's body and soul and in the discussion of physician's guarantee fall or non-fall, the challenge of medical expertise in It is a matter of debate with old and new jurists, however, the ambiguity of the issue of permission and the importance of medical expertise and monitoring the treatment of patients with exceptional conditions can solve the problems raised in this area.
Conclusion: The jurisprudential and medical council in the Islamic society needs to monitor the activities of physicians in certain cases that may put patients at risk of death. Adopting strict rules to deal with physicians who do not have sufficient expertise and dealing legally with physicians who have not completed university degrees, will address many of the challenges associated with patient permission and the loss of a physician's guarantee.
Please cite this article as:
Imanzadeh S, Asadloo M, Ranjbar R. The Effects of the Patient's Permission on the fall of the Doctor's Guarantee in Terms of Islamic Jurisprudence and Law. Medical Law Journal. 2022; 16(57): e45.
Type of Study: Original Article |
Received: 2021/12/29 | Accepted: 2022/04/12
Received: 2021/12/29 | Accepted: 2022/04/12
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