Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 260-275 |
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Karimi A, Javaherkalam M H. Proof of Fault in Medical Accidents in French Law. MLJ 2022; 16 (57) :260-275
URL: http://ijmedicallaw.ir/article-1-1486-en.html
URL: http://ijmedicallaw.ir/article-1-1486-en.html
1- Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2- Department of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran
2- Department of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran
Abstract:
Background and Aim: In this article, proving fault in medical accidents, by emphasizing the expansion of the concept and scope of fault and providing solutions for the presumed fault of the physician, and explaining the types of fault in different stages of treatment, with the aim of using the experience of French legislation and jurisprudence our country has been examined.
Method: The research method is descriptive-analytical and the data collection method is library, with emphasis on the interpretation of judgments and legal texts and the analysis of the views of lawyers.
Ethical Considerations: In this research, the principles of fidelity, honesty, impartiality and originality of the research have been observed.
Results: French jurisprudence has used various legal tools to develop the concept of medical fault and facilitate its proof; this should be taken into consideration by our courts as well.
Conclusion: French jurisprudence provides a broad concept and scope of medical malpractice and any fault on the part of a physician or health center, however simple and any misrepresentation of scientific information or medical conscience has been held liable and effective measures have been taken to facilitate proof. Also, the types and examples of faults in different stages of diagnosis, selection of treatment, medical practice and supervision, have been well separated and regulated by the doctrine and judicial procedure of this country and using personal responsibility and responsibility arising from other acts for the surgeon and Anesthesiologists and the admitting presumed faults and the like, have sought to facilitate the Compensation of victims of medical accidents; this is also suggested by the Iranian judicial procedure.
Please cite this article as:
Karimi A, Javaherkalam MH. Proof of Fault in Medical Accidents in French Law. Medical Law Journal. 2022; 16(57): e18.
Method: The research method is descriptive-analytical and the data collection method is library, with emphasis on the interpretation of judgments and legal texts and the analysis of the views of lawyers.
Ethical Considerations: In this research, the principles of fidelity, honesty, impartiality and originality of the research have been observed.
Results: French jurisprudence has used various legal tools to develop the concept of medical fault and facilitate its proof; this should be taken into consideration by our courts as well.
Conclusion: French jurisprudence provides a broad concept and scope of medical malpractice and any fault on the part of a physician or health center, however simple and any misrepresentation of scientific information or medical conscience has been held liable and effective measures have been taken to facilitate proof. Also, the types and examples of faults in different stages of diagnosis, selection of treatment, medical practice and supervision, have been well separated and regulated by the doctrine and judicial procedure of this country and using personal responsibility and responsibility arising from other acts for the surgeon and Anesthesiologists and the admitting presumed faults and the like, have sought to facilitate the Compensation of victims of medical accidents; this is also suggested by the Iranian judicial procedure.
Please cite this article as:
Karimi A, Javaherkalam MH. Proof of Fault in Medical Accidents in French Law. Medical Law Journal. 2022; 16(57): e18.
Keywords: Medical Fault, Facilitation of Proof of Fault, Medical Civil Liability, Diagnosis, Choice of Treatment, Therapeutic Action (Medical Practice), Postoperative Care
Type of Study: Original Article |
Received: 2021/12/31 | Accepted: 2022/04/17
Received: 2021/12/31 | Accepted: 2022/04/17
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