Volume 5, Issue 18 (Autumn 2011)                   Medical Law Journal 2011, 5(18): 41-60 | Back to browse issues page

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Nasiri M, Bayati M. Patient’s rights and Medical Civil Liability. Medical Law Journal. 2011; 5 (18) :41-60
URL: http://ijmedicallaw.ir/article-1-501-en.html
Abstract:  

These days, because of cultural development and mental growth and also improvement in human culture more attention is given to the patient’s rights, so that governments in different societies attempt to support this damageable group more than before.

Always in the realm of the Law science, also, some questions were posed regarding this subject and jurisprudents, according to their capabilities, tended to respond to these questions. Some of these questions are as follow: How is it possible to support the patient’s rights against the negligent of doctor’s societies? Is the doctor’s obligation in instrument and their negligent proof is patient’s responsibility? Or if this obligation is an obligation in then nothing except force major proof can discharge the doctor? While the doctor’s obligation in other countries is obligation in instrument, how it is possible to harmonize the jurists consider with the Law or other countries? On the other hand jurists consider proposes acquiring patient consent for discharging doctors, but this question is still posed that what happened if a patient dose not desire to discharge the doctor?

Can a doctor refrain to treat his patient? Without doubt, the response is positive. The patient’s rights will be destroyed, undoubtedly. In fact, a tool, invented for supporting of patient’s rights in Law of Iran, will be used against him. So, the authors, with relying on legal principles and with using jurisprudents’ opinions and with a new look on this subject are trying to respond the mentioned questions and to supply the patient’s rights better if legislator considers the obligations of medical societies as obligation instrument and assumes the doctor’s negligent for supporting of patient’s rights, especially because this is advocated by jurisprudent.

In the Law of Iran, also, some people think that in case of discharging of the doctor by patient, yet the doctor has the civil liability against his negligent. No, this question is posed that whose responsibility is to prove this negligent? The proper answer to this question can help us to support the patient more.


Received: 2011/06/15 | Accepted: 2011/07/22

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