Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 1035-1044 |
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Khajvand M, Lotfi Khachek M, Soltanian D. Civil Liability Arising from a Doctor's Emergency. MLJ 2022; 16 (57) :1035-1044
URL: http://ijmedicallaw.ir/article-1-1522-en.html
URL: http://ijmedicallaw.ir/article-1-1522-en.html
1- Department of Law, Nowshahr Branch, Islamic Azad University, Nowshahr, Iran.
2- Department of Law, Sari Branch, Islamic Azad University, Sari, Iran.
3- Department of Law, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran.
2- Department of Law, Sari Branch, Islamic Azad University, Sari, Iran.
3- Department of Law, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran.
Abstract:
Background and Aim: Doctor civil liability one of the most important and controversial issues in the field of civil liability has always been. This article to address the important issue of how a doctor's civil liability arises from an emergency tries.
Method: This article is Analytical descriptive and uses the library method.
Ethical Considerations: In this article, originality of texts, honesty and trusteeship has been complied with.
Results: Doctor civil liability in emergency situations is subject to fault theory. This means that if he harms the patient by observing scientific points, he is not responsible and if the damage occurs in accordance with medical principles, the doctor's civil liability will be revoked. In urgent and urgent cases, it is not necessary to obtain the patient's consent and innocence and if the doctor in case of emergency does not obtain the consent of the patient or his guardian, he is not a guarantor.
Conclusion: The legislator has considered innocence as one of the necessary conditions to absolve a doctor of responsibility, but in cases such as urgency, this general principle is ignored. If the patient's condition is such that it requires urgent treatment, while he is unable to give consent and there is not enough time, the doctor is in a state of emergency. Therefore, according to the jurists, this is not urgency, but a function of the rule of the rule of benevolence and it has no responsibility.
Please cite this article as:
Khajvand M, Lotfi Khachek M, Soltanian D. Civil Liability Arising from a Doctor's Emergency. Medical Law Journal. 2022; 16(57): e71.
Method: This article is Analytical descriptive and uses the library method.
Ethical Considerations: In this article, originality of texts, honesty and trusteeship has been complied with.
Results: Doctor civil liability in emergency situations is subject to fault theory. This means that if he harms the patient by observing scientific points, he is not responsible and if the damage occurs in accordance with medical principles, the doctor's civil liability will be revoked. In urgent and urgent cases, it is not necessary to obtain the patient's consent and innocence and if the doctor in case of emergency does not obtain the consent of the patient or his guardian, he is not a guarantor.
Conclusion: The legislator has considered innocence as one of the necessary conditions to absolve a doctor of responsibility, but in cases such as urgency, this general principle is ignored. If the patient's condition is such that it requires urgent treatment, while he is unable to give consent and there is not enough time, the doctor is in a state of emergency. Therefore, according to the jurists, this is not urgency, but a function of the rule of the rule of benevolence and it has no responsibility.
Please cite this article as:
Khajvand M, Lotfi Khachek M, Soltanian D. Civil Liability Arising from a Doctor's Emergency. Medical Law Journal. 2022; 16(57): e71.
Type of Study: Original Article |
Received: 2022/08/22 | Accepted: 2022/11/9
Received: 2022/08/22 | Accepted: 2022/11/9
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