Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 167-180 |
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Sadeghi S V, Alsharif M M. Civil Liability Due to Surgical Instruments Remaining in the Patient's Body. MLJ 2023; 17 (58) :167-180
URL: http://ijmedicallaw.ir/article-1-1573-en.html
URL: http://ijmedicallaw.ir/article-1-1573-en.html
1- Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.
Abstract:
Background and Aim: Nowadays, due to the complexity of surgical operations and also the role of speed in these operations, the contracting party's doctor hires a team of assistants and nurses to fulfill his commitment; During the operation, surgical equipment such as gas sterile may remain inside the patient's body. Now the question is who is responsible for this medical error?
Methods: This essay was written with a descriptive-analytical method and using legal and jurisprudential library sources.
Ethical Considerations: This research has been carried out in compliance with ethical and trustworthy principles.
Results: Examining the following issue of coercive liability will give us the answer that the nurses (scrub and circular) are one of the responsible persons in this case because they did not perform their duty correctly regarding the task of counting, so the damage is attributed to them. In addition, the doctor or the person who is responsible for removing the surgical instruments will be jointly responsible with the nurse in case of fault.
Conclusion: As a basic rule in jurisprudence and law, the claim of damage by a third party will not create liability for the obligee or the doctor unless this responsibility is explicitly or implicitly stipulated on the obligee. Contrary to the laws of other countries, the contractual responsibility resulting from the act of another cannot be raised as a principle in the laws of Iran. As a result, only the person to whom the damage is attributed is responsible for compensation. There are similar solutions for the liability of the contractual obligee in case of damage from a third party, which can be proposed in the form of a condition in the contract and a government decree.
Please cite this article as:
Sadeghi SV, Alsharif MM. Civil Liability Due to Surgical Instruments Remaining in the Patient's Body. Medical Law Journal. 2023; 17(58): e15.
Methods: This essay was written with a descriptive-analytical method and using legal and jurisprudential library sources.
Ethical Considerations: This research has been carried out in compliance with ethical and trustworthy principles.
Results: Examining the following issue of coercive liability will give us the answer that the nurses (scrub and circular) are one of the responsible persons in this case because they did not perform their duty correctly regarding the task of counting, so the damage is attributed to them. In addition, the doctor or the person who is responsible for removing the surgical instruments will be jointly responsible with the nurse in case of fault.
Conclusion: As a basic rule in jurisprudence and law, the claim of damage by a third party will not create liability for the obligee or the doctor unless this responsibility is explicitly or implicitly stipulated on the obligee. Contrary to the laws of other countries, the contractual responsibility resulting from the act of another cannot be raised as a principle in the laws of Iran. As a result, only the person to whom the damage is attributed is responsible for compensation. There are similar solutions for the liability of the contractual obligee in case of damage from a third party, which can be proposed in the form of a condition in the contract and a government decree.
Please cite this article as:
Sadeghi SV, Alsharif MM. Civil Liability Due to Surgical Instruments Remaining in the Patient's Body. Medical Law Journal. 2023; 17(58): e15.
Keywords: Medical Liability, Contractual Liability, Contractual Liability for Third Party Action, Medical Team, Obligation
Type of Study: Original Article |
Received: 2022/12/7 | Accepted: 2023/02/2
Received: 2022/12/7 | Accepted: 2023/02/2
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