Volume 2, Issue 6 (Autumn 2008)                   Medical Law Journal 2008, 2(6): 13-51 | Back to browse issues page

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Karimi A, Azin S M. Application of “Qorour” principle within medical civil liability. Medical Law Journal. 2008; 2 (6) :13-51
URL: http://ijmedicallaw.ir/article-1-449-en.html
Abstract:  

Nowadays, medical civil liability without fault plays a main role in the world liability law. One of the most remarkable examples of this liability refers to “deceptive appearance” of the institutions involving medical services. In a situation where a patient relies on the garb of circumstances, like the case of referral to the blood transmission’s organization , this question arises whether it should be considered as a “liability without fault” condition according to Iranian legal system or not. In order to find out the proper answer, the authors intend to consider the possibility of  “Qorour” rule’s application within medical responsibility.  

As the result of this rule, the victims of medical damages would be exempted from proving doctor’s fault. Meanwhile, regardless the doctor or medical institution has knowledge of  possible treatment risks or not, and regardless the damages are imposed deliberately or not, only a deceptive appearance which could attract the patient’s confidence on the treatment, secures victim’s right to sue the doctor. In other words, application of “Qorour” rule facilitates patient’s recovery of damages particularly where there is no intentional or faulty harm, nevertheless the deceptive appearance that lead to patient’s confidence.


Received: 2008/06/19 | Accepted: 2008/07/29

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