Volume 14, Issue 54 (Autumn 2020)                   Medical Law Journal 2020, 14(54): 215-236 | Back to browse issues page

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Khakpour M, Bashokouh M, Lotfi A R. Effects of Implementing the Rule of Mitigation of Damages in Medical Law. Medical Law Journal. 2020; 14 (54) :215-236
URL: http://ijmedicallaw.ir/article-1-1079-en.html
1- Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran
2- Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran. (Corresponding author)
Abstract:  
Under theenforcing the law on damage, when patients are exposed to damage and injury when acting or leaving action on health-related factors such as physicians and laboratory officials, patients must take standard action to mitigate the loss or claim. Otherwise they will lose the right to defend themselves. The most important effect of this rule is that the assignment of a claim against a loss is subject to a statutory or contractual breach of the loss. The question is whether the main effect of the rule is the alleged negligence for avoidable damages, or the exclusionary claim for reducible damages? What is the nature of the action taken to counter the loss? Should diligent efforts yield the desired result or is the standard effort sufficient? The burden of proving damage or non-damage is either disadvantageous or detrimental, and comparative study of other issues can be very helpful in explaining the effects of the rule and its implementation.

Please cite this article as: Khakpour M, Bashokouh M, Lotfi AR. Effects of Implementing the Rule of Mitigation of Damages in Medical Law. Iran J Med Law 2020; 14(54): 215-236.
Type of Study: Original Article |
Received: 2020/02/17 | Accepted: 2020/07/4

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