Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 371-383 |
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Saghafi M, Niyazi A. Ability to Enforce the Principle of Legitimate Expectation in Medical Law. MLJ 2023; 17 (58) :371-383
URL: http://ijmedicallaw.ir/article-1-1555-en.html
URL: http://ijmedicallaw.ir/article-1-1555-en.html
1- Department of Law, Faculty of Human Sciences, University of Zanjan, Zanjan, Iran
2- Department of Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2- Department of Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract:
Background and Aim: Legitimate expectation, as one of the principles of administrative law, has entered other areas such as private law. This principle includes a set of normal and reasonable expectations of citizens, which is supported in the jurisdiction and is legitimate and respected. In medical law, whether from the perspective of the physician or the patient, such an expectation exists and requires the attention of the relevant authorities.
Methods: This research is written in a descriptive-analytical way by considering, reviewing and analyzing existing legal sources such as books, articles and laws and regulations.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The legitimate expectations of the medical community can be examined in two areas: physician and patients. In the field of doctors, setting the tariff based on the level of education and the provision of physician' services and the differentiation in it is the lack of responsibility in the assumption of professional actions and in line with the patient's interests. Legitimate expectations of patients are also such as providing necessary information in the field of complications and type of disease and preventing the implementation of illegal custom.
Conclusion: Paying attention to the legitimate and conventional expectations of Physicians and patients is not only inexpensive and easily affordable, but it also prevents serious injuries that result from non-compliance and improves medical rights. Taking under the table and referring to people without medical ability and sometimes incorrect treatments are the consequences of not paying attention to the legitimate and conventional expectations of the relevant groups.
Please cite this article as:
Saghafi M, Niyazi A. Ability to Enforce the Principle of Legitimate Expectation in Medical Law. Medical Law Journal. 2023; 17(58): e26.
Methods: This research is written in a descriptive-analytical way by considering, reviewing and analyzing existing legal sources such as books, articles and laws and regulations.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The legitimate expectations of the medical community can be examined in two areas: physician and patients. In the field of doctors, setting the tariff based on the level of education and the provision of physician' services and the differentiation in it is the lack of responsibility in the assumption of professional actions and in line with the patient's interests. Legitimate expectations of patients are also such as providing necessary information in the field of complications and type of disease and preventing the implementation of illegal custom.
Conclusion: Paying attention to the legitimate and conventional expectations of Physicians and patients is not only inexpensive and easily affordable, but it also prevents serious injuries that result from non-compliance and improves medical rights. Taking under the table and referring to people without medical ability and sometimes incorrect treatments are the consequences of not paying attention to the legitimate and conventional expectations of the relevant groups.
Please cite this article as:
Saghafi M, Niyazi A. Ability to Enforce the Principle of Legitimate Expectation in Medical Law. Medical Law Journal. 2023; 17(58): e26.
Type of Study: Original Article |
Received: 2022/09/10 | Accepted: 2023/06/13
Received: 2022/09/10 | Accepted: 2023/06/13
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