Volume 12, Issue 47 (Winter 2019)                   Medical Law Journal 2019, 12(47): 33-62 | Back to browse issues page

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Javadi S, Karimi A. Multiple Causes in Medical Damages. Medical Law Journal. 2019; 12 (47) :33-62
URL: http://ijmedicallaw.ir/article-1-932-en.html
1- the university of Tehran Alborz campus, Tehran, Iran. (Corresponding author)
2- of Private law at University of Tehran, Tehran, Iran
Abstract:  
The case of multiple causes in damages is vague in Iranian legal system and it has even more ambiguity when it comes to medical harm. However, specific rules related to medical damages has been stated at article 495 and 496 of Islamic criminal law. Moreover, in case of absence of law or conflict of law, it can be refuted to reliable fiqh resources according to article 167 substantial law.
Therefore, the responsibility of doctors in sharia law, as responsibility based on defective medical equipment, has been the subject of different rules such as "Itlaf", "Tasbib", "Ehsan", "Al ghonm bel ghorm", the responsibility of common factor, "Al ghoror" and "La zarar". The interference of these rules increases the difficulties of assigning responsibility and finding liable person/s.
In the case of determination of the law related to multiple causes, definition of "the ability to be cited" and "the ability of being assigned" have significant roles, while their definitions are not clear. Seemingly, when there are multiple causes, which some of them directly cause the damage and the rest prepare the situation, the direct cause will hold the loss responsible. Furthermore, if the impact difference between causes is significant, the reason with the most impact is responsible for damages. In other situations, where damages are based on more than one reason, all the causes will be responsible for damages.
Additionally, In the cases which there are more than one factor that cause harm while some of them are directly involved and the others have indirect role in causing damages, the factor that can be assigned as a direct cause of damage shall be responsible for that. However, in the cases that the indirect factor plays a more significant role in comparison to the direct factor in causing damages, the indirect cause could be held responsible for damages. If there is a possibility to assign the cause to both factors, they would both be responsible. If their share of responsibility is clear, they would be responsible for that portion, otherwise they have equal obligation.
These rules can be applied at the time of multiple causes related to the medical damages and defective medical equipment. This research investigates different conditions of multiple factors that cause harm in medical damages. Based on this study, the priority has been given to the factors based on "Al ghonm bel ghorm" rule to be responsible for harms. Afterwards, the factors related to the "Al ghoror" rule will be responsible and finally the factors with the common responsibility.


Please cite this article as: Javadi S, Karimi A. Multiple Causesin Medical Damages. Iran J Med Law 2019; 12(47): 33-62.
 
Type of Study: Original Article |
Received: 2017/09/11 | Accepted: 2018/05/5

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