Volume 14, Issue 53 (Summer 2020)
MLJ 2020, 14(53): 55-76 |
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Ghaffari S, Ebrahimian N, Ghasemi M, Abbaslu B. Collecting Liability for Compensation for Medical Accidents. MLJ 2020; 14 (53) :55-76
URL: http://ijmedicallaw.ir/article-1-1037-en.html
URL: http://ijmedicallaw.ir/article-1-1037-en.html
1- Private Law Group, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Private Law Group, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
2- Private Law Group, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
Abstract:
Compensation for damages caused by medical accidents is one of the important issues that have led to the transformation of social life into responsibility. The increasing number of accidents caused by medical practices and the consequent increase in casualties to patients makes it more than necessary to investigate the issue. While the legal system of some countries, including France, has taken collective initiatives to compensate for damages caused by medical practices, Iran's rights are subject to compensation only in the context of civil liability based on the physician's fault. In answering the question of whether the developments in the medical law of other countries appear to be plausible in the Iranian legal system, it is possible to benefit from the aforementioned developments in applying collective compensation methods in our country. Have. The present study aims at explaining the possibility of civil liability in compensation of patients after expressing their personal responsibility decline, the collective ways of compensation and the possibility of designing such practices in Iranian legal system respectively. Finally, the findings indicate that, given the inadequacy of the physician's fault for compensating patients and considering the availability of legal and jurisprudence, institutionalizing methods such as expanding insurance and establishing a fund to compensate patients for damages in the legal system. Our country will be very efficient.
Please cite this article as: Ghaffari S, Ebrahimian N, Ghasemi M, Abbaslu B. Collecting Liability for Compensation for Medical Accidents. Iran J Med Law 2020; 14(53): 55-76.
Please cite this article as: Ghaffari S, Ebrahimian N, Ghasemi M, Abbaslu B. Collecting Liability for Compensation for Medical Accidents. Iran J Med Law 2020; 14(53): 55-76.
Type of Study: Original Article |
Received: 2019/10/29 | Accepted: 2020/03/14
Received: 2019/10/29 | Accepted: 2020/03/14
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